Block 2

Indira Gandhi
National Open University BLE-001

School of Law
Introduction to the
Indian Legal System
Block
2
RIGHTS AND DUTIES
UNIT 4
Fundamental Rights 5
UNIT 5
Directive Principles of State Policy and
Fundamental Duties 26
UNIT 6
Constitutional Remedies 41
Expert Committee
Prof. (Dr.) N.R. Madhava Menon Ms. Vrinda Grover
Member, Commission on Centre-State Director, Multiple Action Research
Relations, New Delhi Group (MARG), New Delhi
Former Director, NLSIU, Bangalore and
National Judicial Academy, Bhopal Ms. Abha Joshi
Lawyer, New Delhi
Prof. B.B. Pande
Former Professor of Criminal Law Dr. Manik Chakrabarty
Law Faculty, University of Delhi Professor, Department of Law
The University of Burdwan, West Bengal
Mr. Babu Mathew Prof. Srikrishna Deva Rao
Country Director Director, School of Law, IGNOU
Action Aid India
New Delhi Prof. K. Elumalai
Professor, School of Law, IGNOU
Prof. S. Siva Kumar
Ms. Gurmeet Kaur
Research Professor
Asst. Prof., School of Law, IGNOU
Indian Law Institute
New Delhi Ms. Suneet Kashyap
Asst. Prof., School of Law, IGNOU
Prof. M. R. K. Prasad
V.M. Salgaocar College of Law Mr. Anand Gupta
Panaji, Goa Asst. Prof., School of Law, IGNOU
Ms. Mansi Sharma
Ms. M. Roopa Asst. Prof., School of Law, IGNOU
Independent Scholar, Bangalore
Block Preparation Team

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IGNOU, New Delhi
November, 2009
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BLOCK 2 RIGHTS AND DUTIES
The Preamble of our Constitution states that “We, the people of India,having
solemnly resolved to constitute ourselves into a sovereign, socialist, secular,
democratic republic…”. The Preamble goes on to state of how ‘the people of
India’ also resolved to secure to its citizens, Justice, Liberty, Equality, and to
promote Fraternity.
The framers of our Constitution had been through a long and ardent struggle to
overthrow foreign rule, and many of them had been through many hardships.
They realised the impact that discrimination or arbitrary action could have on a
human being, and the long-lasting damage it could do to a person’s psyche.
Therefore, they drafted Fundamental Rights in Chapter III of our Constitution in
order to avoid just such hardships and discrimination in the new, independent
India. The fourth unit examines the nature of these Fundamental Rights, and
how you can enforce them.
Our Constitution imposes duties on both the State and the citizens. In the fifth
unit, we examine the ‘duties’ under our Constitution. The Directive Principles
are a set of ideals, or goals, that each government should try and fulfil, and also
a check on the arbitrary use of State power. A political party in power must act in
a manner consistent with these broad ideals, irrespective of its policies or plans.
The Directive Principles guide the government, and bring about a sense of stability
to the direction of the country’s progress.
The individual cannot just have rights and expect the State to abide by the
directives. He/she, as a good citizen must also protect and promote the integrity
and unity of a nation. This was the very purpose of the Fundamental Duties- to
impose on every citizen specific responsibilities as a natural extension of certain
freedoms.
A right without remedy is worthless. A right is meaningful only when it can be

effectively enforced through a court of law. For example, the right to move the
Supreme Court when your fundamental right has been vioated. is itself a
fundamental right. We examine the available constitutional remedies in the sixth
unit.
When we start our exploration of rights and duties under the Constitution, constant
reference to its text will enhance your ability to comprehend the contents of the
units covered in this block. So, do keep a copy of the Constitution with you and
let us get started.
Rights and Duties
4
Fundamental Rights
UNIT 4 FUNDAMENTAL RIGHTS
Structure
4.1 Introduction
4.2 Objectives
4.3 Nature and Scope of our Fundamental Rights
4.4 Watching the Watchmen: Whom do We have our Fundamental Rights Against?
4.5 Knowing our Rights: What Exactly are these Fundamental Rights?
4.6 Is Absolute Equality Desirable?
4.7 Be all You Want to be: The Various Freedoms
4.8 Breaking the Shackles: Protection against Exploitation
4.9 Higher Development: Religious, Cultural and Educational Rights
4.10 Ensuring Justice: Protection in Respect of Conviction for Offences
4.11 A Wholesome and Complete Life: The Protection of Life and Personal
Liberty
4.12 The Heart of our Fundamental Rights: The Right to Constitutional
Remedies
4.13 Summary
4.14 Terminal Questions
4.15 Answers and Hints
4.16 References and Suggested Readings
4.1 INTRODUCTION
The opening words of the Constitution of India are:
“We, the people of India having solemnly resolved to constitute ourselves into a
sovereign, socialist, secular, democratic republic…”
The Preamble goes on to talk of how ‘the people of India’ also resolved to secure
to its citizens, Justice, Liberty, and Equality, and to promote Fraternity. Keep
these words in mind, and consider the following situations:
Do you think it would be fair if you were forced to do any work, or profess
any occupation that you did not want to?
Do you think it would be fair if you were not allowed a job with the
Government, simply because of your religion, the colour of your skin, or
the language you speak?
Do you think it would be fair if the police marched into your house one
night, put you under arrest without giving you any reason for your arrest,
and then kept you away from your home, your family, and your work for
days on end without any explanation at all?
Presumably, your answer to each of these situations would be a resounding ‘No!’

It does not seem fair that you should be discriminated against in any way, and it
5
Rights and Duties does not seem fair that the Government should be allowed to take any sort of arbitrary
action against you at all, does it?
The framers of our Constitution had been through a long and bitter struggle to overthrow
foreign rule, and many of them had been through some of the hardships described in
the situations above. They realised the impact such discrimination or arbitrary action
could have upon a human being, and the long-lasting damage it could do to a person’s
psyche. It was with a view to avoid just such hardships and discrimination in the new,
independent India, that they drafted Chapter III of our Constitution. They wanted to
make sure that the citizens of India need never face the same hardships that they had,
and they provided us with a powerful tool to protect our basic human dignity, and to
ensure that we realise our full potential as human beings – the Fundamental Rights.
This Unit examines the nature of these Fundamental Rights, and how you can enforce
them. Before we get into the technicalities of the constitutional provisions, it is important
that you realise one basic concept: though the letter of the Constitution provides for
these fundamental rights, it is for you as an individual to understand, remember, and
enforce these rights for yourself, and for others. After all, it is citizens who must watch
the watchmen of the State!
4.2 OBJECTIVES
After studying this unit, you should be able to:
explain the basic nature and concept of the Fundamental Rights guaranteed
under the Indian Constitution;
identify how the Fundamental Rights and explain how they aid in the overall
development of an individual;
analyse whether Fundamental Rights are absolute or not, and when
restrictions can be placed on the Fundamental Rights.
4.3 NATURE AND SCOPE OF OUR

FUNDAMENTAL RIGHTS
Let us continue with the theme that we started this Unit with – by now, we know
that it is “We, the people of India,” who came together to create a State of our
own. We created our own governmental institutions, because we believed in the
inherent right of every individual to self-determination, that is, to live her life in
the manner that she thought best. We gave the State certain powers, such as:
The power to use force in certain situations. For example, for the defence of
the country, or to prevent outbreaks of crime and violence. This is why the
State has an army and a police force.
The power to collect taxes from the people to provide for things like roads,
electricity, education and health, so that we as individuals can develop and
the country can develop as a whole. This is why the State can impose all
manner of taxes, ranging from Income tax to Service tax.
The power to enact and implement laws, rules and regulations, so that the
country can realise the goals for which it was set up. This is why the State
can make rules, such as, that no person below a certain age can be employed in
6
any establishment. Fundamental Rights
While it is we who have given this power to the State, the unfortunate truth is that the
State may sometimes use these powers against us. When this is necessary for the
promotion of the constitutional ideals, or when it is exercised in the manner that the
Constitution permits, such use of power may be acceptable. However, at the end of
the day, the State is comprised of individuals who exercise power, and sometimes,
they may not exercise these powers for the purpose that they were given. Sometimes,
they may use these powers unfairly, and that is why we need a set of rights to protect
us. The Fundamental Rights play exactly such a role, and when you read about these
rights, you should remember that a delicate balance has to be maintained between the
powers of the State and the rights of the individual. It is our judiciary that has been
entrusted with the responsibility of maintaining this balance, and the entire situation
may look like this:
Individual State’s
Rights Powers
Judiciary
Figure 4.1: Role of Judiciary
Fortunately for us, and for the framers of our Constitution, there exists a rich tradition
of fundamental rights in many important legal documents from across the world. We
were able to draw upon these when drafting our own Chapter on Fundamental Rights,
and adopted many principles from across these documents. Some of these sources of
our Fundamental Rights are:
The Bill of Rights, 1869 from England;
The United States Bill of Rights, 1787;
The Declaration of the Rights of Man, 1789 from France; and
Constitutions of countries around the world, such as Canada.
The framers of our Constitution tried to think of every possible situation where an
individual’s rights may be affected, and used language that would cover the widest
possible situations. In particular, they made sure that:
The Fundamental Rights are made available to all citizens, and some basic Rights
are available to non-citizens as well – such Rights are available to all ‘persons’,
and not just all ‘citizens’.
The people have a way to ensure that they enjoy their Fundamental Rights – the
mechanism of writ actions was provided, to make sure that we can approach the
courts and ensure that we exercise our Fundamental Rights.
7
Rights and Duties The State can place restrictions on these Rights only in a reasonable manner,
and only in certain clearly defined situations.
The State cannot change or remove these Rights according to its whims. A
clear procedure has been set out for the amendment of the Fundamental
Rights, and indeed, thus far, only one Fundamental Right, the Right to
Property, has been deleted from Chapter III of the Constitution. Even then,
this right continues to exist as a Constitutional Right under Article 300A of
the Constitution. Furthermore, this Right was removed keeping in mind the
ideal of socialism and for equitable distribution of land, wealth, and other
resources, that are enshrined in the Preamble and the Directive Principles
of State Policy.
Given these broad ideals, Chapter III of the Constitution is a fascinating legal
document indeed. Let us understand better how it works.
Self-assessment Question
1) What is the basic ideology behind the Fundamental Rights?
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4.4 WATCHING THE WATCHMEN: WHOM DO WE

HAVE OUR FUNDAMENTAL RIGHTS
AGAINST?
The framers of our Constitution realised that Fundamental Rights would have to
be enforced against the State, rather than against another individual. Hence,
Chapter III starts with Article 12, which provides a definition of ‘State’. This
definition of State includes:
The Government and the Parliament of India – which would include

legislative and executive wings of the union;
The Government and Legislature of each state – which would include

legislative and executive wings of the state;
Local Authorities within the territory of India – such as a zilla panchayat,

municipalities, the District Boards, Improvement Trusts, Port Trusts etc;
Other authorities within the territory of India and under the control of the
Government of India.
8
This last provision is intriguing: what does the expression ‘other authorities’ mean? Fundamental Rights
Who are these authorities that we can enforce our Fundamental Rights against?
In the case of Ramana Shetty vs. The International Airports Authority of India,
AIR 1979 SC 1628, the Supreme Court said that if a body is an ‘agency or
instrumentality’ of the State, then we can enforce our Fundamental Rights against
it. Let us consider some such ‘authorities’:
A Statutory Corporation, such as the Life Insurance Corporation of India;
A Government Company, such as the Steel Authority of India Limited; and
A Nationalised Bank, such as the State Bank of India.
In each of these cases, let us ask: Who controls the body? Who decides its policies?
Who set up that body? Who enjoys the profits that are generated by that body?
Who does that body report to? The answer to each of these questions would be:
‘The State’. Therefore, each of these ‘authorities’ is nothing but an agency or
instrumentality of the State. Furthermore, we can enforce our Fundamental Rights
against these authorities!
Let us ask ourselves one more question before we move on: would the judiciary
also be considered ‘State’? Can we enforce our Fundamental Rights against the
judiciary also? Suppose a judge passes a decision that we think is unfair, and
discriminatory. Can you then file a writ against that judge, because you think
your Fundamental Right has been violated?
The answer is no – if you feel that a judge’s decision is incorrect, or unfair, you
can file an appeal against that decision. Moreover, as we saw at the beginning of
this Unit, it is the judiciary that is entrusted with the responsibility of interpreting
our Fundamental Rights, and it is through the judiciary that we enforce our
Fundamental Rights. There are, however, some functions of the judiciary, such
as the appointment of judges to courts, and the prescribing of rules of procedure,
that may possibly violate of the Fundamental Rights – we can think of the judiciary
as ‘State’ for those narrow purposes only. It is important to note that these functions
are not judicial, but administrative in nature.
We must also keep one more fundamental concept in mind. If Parliament, and
the Legislatures of the states are also ‘State’, then we should also be able to
enforce our Fundamental Rights against these bodies. Think about how Parliament
or legislatures can violate our Fundamental Rights. Do you think this is possible
in any manner? Yes, you have it – lawmakers may violate our Fundamental
Rights by passing laws that are opposed to the Fundamental Rights, or that defeat
the purpose of the Fundamental Rights. Another way in which Parliament may
violate our Fundamental Rights is by amending them. The Twenty-fourth
Constitutional Amendment made Parliament competent to amend the
Fundamental Rights, under Article 368. In exercise of this authority, in 1978, the
Right to Property was deleted from the list of Fundamental Rights by the Forty-
fourth amendment. Thus, the right to property is no more a fundamental right,
though it is still a constitutional right under Article 300-A. As a result, if the
legislature makes a law depriving a person of his property, there would be no
obligation on the part of the State to pay anything as compensation. If the
government appears to have acted unfairly, citizens can challenge the action in a
court, but there is no right to move the court under Article 32. You will study more
9
Rights and Duties about Article 32 under Section 4.12 of this Unit.
Doctrine of severability
There are, however, limits to the exercise of these amending powers and the Parliament
may not alter the ‘basic structure’ of the Constitution. There are situations when certain
laws may at some point come into conflict with the fundamental rights. Our Constitution,
though, provides for such situations also. Article 13 says that if any law is passed in
violation of the Fundamental Rights, or that is contrary to the Fundamental Rights, it
will be null and void to that extent. For example, suppose a law is passed that contains
15 different sections, each talking about a different matter. If 5 of these sections violate
your freedom of speech, then those 5 sections will be struck off from the law, and only
the remaining 10 will have any effect.
This is called the doctrine of severability. But if such a separation is not possible then
the whole law stands void. But what would happen to the laws that were in force
immediately before the commencement of the Constitution and which were inconsistent
with the Fundamental Rights? Article 13 also makes it clear that the ‘past laws’ which
are inconsistent with the fundamental rights are rendered null and void to the extent of
such inconsistency.
2) Identify whether each of the following qualifies as ‘State’ under Article 12.
Simply put, identify whether the Fundamental Rights can be enforced against
each of the following:
i) The Indian Olympics Committee:
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ii) Air India:

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iii) The All India Institute of Medical Sciences:

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iv) The Indian Institutes of Technology (IITs):

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10
Fundamental Rights
4.5 KNOWING OUR RIGHTS: WHAT EXACTLY
ARE THESE FUNDAMENTAL RIGHTS?
So far, we have talked about how we, as the people of India, gave ourselves certain
rights, which are necessary for the proper functioning of a democratic society. We
also agreed that these rights are enforceable against the State, and under certain
circumstances, even against individuals. But then, what exactly are these rights?
Fundamental rights include:

The right to be treated equally before the law
The right to freedom of speech and assembly
The freedom to form associations and unions
The freedom to move freely and reside in any corner of India
The freedom to carry on a profession or occupation or trade of one’s choice
The freedom to follow any religion
The right to know the charges that are brought against oneself in a criminal matter,
and the right not to be punished twice for the same offence
A person cannot be forced to give any evidence against himself/herself
Every person also has a right to life and personal liberty
Think about this, though: what use would any of these rights be if we did not have the
means to enforce them in case of a violation? Therefore, the right to enforce your
fundamental rights, the right to have remedies against the violation of your fundamental
rights, is an essential right in itself. The Constitution even contains a specific provision
for the enforcement of these fundamental rights. Let us now try to understand the
nature of these rights, and to see the extent of protection they provide.
4.6 IS ABSOLUTE EQUALITY DESIRABLE?

Have you ever had to face a situation where one of your classmates got better marks
than you in an examination, in spite of the fact that both of you wrote the same answers?
Consider another situation: two persons with the same ability and results have recently
graduated from school. They have both applied to an educational institution, and one
of them was refused admission because she was poor, or belonged to a particular
religion.
Do you feel such discrimination is fair? It is hard to say yes!
Do you feel then, that everyone should be treated equally? At first, we would say
‘Yes!’ But then, equality does not always mean that everyone must be treated
equally: suppose that you have suffered some disadvantage that is not your fault
- because of the colour of your skin, for example. In such cases, it would be fair
for you to be given some additional support, so that you can be brought to the
same level as people who have not had to suffer such disadvantages.
The concept of equality, which seems such an obvious part of the basic human
rights, is included in our Constitution in exactly that way. The Fundamental
11
Rights and Duties Right to Equality is provided to all ‘persons’ and not just ‘citizens’, and the Constitution
guarantees ‘equality before the law’ and ‘equal protection of law’ under Article 14 to
all persons. However, ‘equality before law’ does not mean absolute equality among
all humans. The concept of equality as it exists in our Constitution may be understood
as:
‘Equal treatment of equals and unequal treatment among unequals.’
The State cannot discriminate between two people merely because of the characteristics
that they were born with, or into – but if it needs to take some special measures to
provide for the well-being or upliftment of certain sections of society, it can. Such
sections may include people from the lower castes, or women, people who have had
to suffer social, economic, or political hardships over the centuries. It is in this way
that the Constitution seeks to achieve equality among all persons.
It seems sensible to treat unlike people in an unlike manner, but how do we determine
whether two people are ‘unlike’, and more importantly, how do we decide that the
State can take special measures for the upliftment of certain sections of society?
Unfortunately, there is no clear-cut, mathematical formula to determine this. Society
changes constantly, and so, the State can differentiate between sections of society if it
is ‘reasonable’ to do so. The judiciary acts as a check on this power of the State, and
often, laws have been struck down because they did not provide a ‘reasonable’ or
rational cause for treating different sections in an unlike manner.
For example, the judiciary once held that it was unreasonable to differentiate between
air-hostesses who had not had a child, and those who had. Therefore, it struck down
a regulation that required any air-hostess to retire from service on marriage, or on her
first pregnancy, since such a differentiation was unreasonable, and arbitrary. ‘Arbitrary’
here means that there was no rational reason for distinguishing between these groups1 .
On the other hand, we know that Indian society in the previous centuries was heavily
influenced by the ‘varna’, or caste system. People from lower castes were not allowed
access to common rivers, wells and tanks. There were various inhumane practices
like sati, child marriage, and untouchability prevalent in those times. As a result of such
practices being perpetrated down the centuries, certain sections of society were not
able to realise their full human potential, and the State can provide certain benefits for
these sections: such as reservations in Government jobs, or in Government-aided
educational institutions for these people. As far as educational institutions are concerned,
the Ninety-third Amendment to the Constitution, made in 2005, provided reservation
for Scheduled Castes, Scheduled Tribes and Backward Classes in private educational
institutions, under which the government came out with the law providing 27 per cent
quota in Centrally-aided institutions. The amendment nullified the effects of the following
cases:
T.M Pai Foundation v State of Karnataka2 , AIR 2003 SC 355, where the Supreme
Court held that the State cannot make reservation of seats in admissions to privately
run institutes.
Islamic Academy Foundation v State of Karnataka3 , AIR 2003 SC 3724, where

the court held that the State can fix quota for admissions to these educational
institutions but it cannot fix fee and also admissions can be done on the basis of
1
Air India v Nargiz Meerza, AIR 1981 SC 1829
12
common entrance test and on the basis of merit. Fundamental Rights
P.A. Inamdar v State of Maharashtra4 , AIR 2005 SC 3226, the court had overruled
the judgement in Islamic Academy case, ruling to the effect that the State could
fix the quota for admissions to private professional educational institutions. The court
also held that private unaided educational institutions were under no obligation to
provide for reservation of seats for backward classes.
This amendment too proved controversial. Recently in Ashoka Kumar Thakur v

Union of India (2008) the Supreme Court upheld this law providing for 27 per
cent quota for Other Backward Classes in IIT’s, IIM’s and other Central
educational institutions, but excluded the creamy layer from the benefit.
Figure 4.2: The Concept of Equality under our Constitution
The provisions relating to equality are contained in Articles 14-18 of the

Constitution, and together, these provide a fairly comprehensive guide for the
Special
State, to determine when Provisions
it may or may to bring disadvantagedbetween two sections of
not discriminate
people to an equal
society. One of these in particular, Article 17, status
abolishes untouchability, and one
can even take an action against an individual if this right is violated.
3) Look at the instances of discrimination that are provided in the left-hand column
of the following table. In the right-hand space, write down whether you think
this discrimination is ‘reasonable’ or ‘unreasonable’.
i) A higher income tax for people who earn more.
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2
AIR 2003 SC 355
3
AIR 2003 SC 3724
4
AIR 2005 SC 3226 13
Rights and Duties
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ii) Preventing women from joining the armed forces in combat positions.
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iii) Providing for a reduction in the minimum marks required for admission
to college for people belonging to the Scheduled Castes/ Tribes.
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iv) A law that levies a special tax on only one individual.

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v) Preventing people below the age of 18 from voting in general elections.

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4.7 BE ALL YOU WANT TO BE: THE VARIOUS

FREEDOMS
Activity 1
Suppose there is a political party called ‘The Mahanagar Army’, which seeks
to prevent the movement of immigrants into the metropolis of Mahangar.
They seek a ban on the entry of any more immigrants, and also to have the
immigrants currently residing in the city removed from the city. Do you
think the party is right in its demands? Write your thoughts down before
proceeding with this Section.
We saw that we all have the Right to Equality, so that no unfair discrimination is made
among us, and so that we are all treated equally before the law. Suppose this ideal is
realised – or even if it is not – what do you think is necessary?
You are right – the freedom to enjoy this equality, or even the freedom to criticise the
State for not achieving this equality. One of the bedrocks of our system of Government
is democracy, and the participation of all sections of society in the political process.
Even aside from this, if we are to realise our full potential as human beings, then we
must have the freedom to express ourselves, the freedom to pursue the profession or
occupation of our choice, and other such freedoms.
14
Such civil liberties are provided under Article 19(1) of our Constitution, which Fundamental Rights
guarantees us six important freedoms:
The Freedom of Speech and Expression;
The Freedom of Assembly;
The Freedom to form Associations and Unions;
The Freedom of Movement;
The Freedom to Reside in any part of the Territory of India; and
The Freedom of Profession, Occupation, Trade, or Business.
Put together, these freedoms are a very powerful tool in the hands of a citizen – and
yes, these freedoms are only available to citizens – to ensure that we can live our lives
in the manner we see fit, and to ensure that we can raise our voice against something
we think is unfair.
Think about it – if we did not have the freedom of speech and expression, artists,
writers, singers, the press – all of these would have a very difficult time surviving!
The State could arbitrarily ban the publication of certain books without giving
any reason, or prevent a political opponent from expressing her views in public.
This freedom of speech and expression has been developed over time, and now
is even taken to include the freedom of press and the right to information within
itself. It can be interpreted in many different ways – you have the right to publish
someone else’s views, for example, and not just your own – so long as your
freedom of speech and expression is exercised within reasonable limits.
Suppose, you have a school where the students are made to sing the National
Anthem every day. Some of the students in that school belong to a religious sect
called the Jehovah’s Witnesses, and their religion forbids them from singing the
praises of any entity other than God. These children stand respectfully when the
others sing the National Anthem, but do not actually sing themselves. The school
expels them. Do you think this would be a violation of their freedom of
expression?
The Supreme Court said ‘Yes!’ This would be a violation of the freedom of
expression of those children. They could exercise this freedom by not singing
the National Anthem, as long as they did not disrespect it, for example, by not
standing when the National Anthem is played5 .
Suppose, you want to get together with a few friends to discuss your common interests
– these could be anything – music, films, books, or even politics. The next time you
walk around the streets of the city or town you live in, look at all the groups standing
at street corners, vehemently arguing this or that policy of the Government. Perhaps
they are unhappy at the rise in prices, or perhaps they think that the Government did
a good thing by passing a new law. Whatever be the topic, it is part of our nature to
want to discuss and deliberate upon it with others. Wouldn’t it be terrible if we were
denied this basic human urge to communicate with others and express ourselves as
groups? The makers of our Constitution recognised this, and even inserted the freedom
of assembly as a part of our Fundamental Rights. We can take out processions and
form groups or trade unions – as long as we do all of this in a peaceful manner, and
5
Bijoy Emmanuel v State of Kerala, (1986) 3 SCC 615
15
Rights and Duties without the use of weapons.
We are lucky to live in a country that is extremely varied, and full of different wonders
and surprises. Each corner of our country is unique, and we are sure you yourself
have wanted to visit different parts of the country at some point in your life. Suppose
you have a friend or a relative in another part of the country, or suppose you want to
shift to a different city because you think you would find better job opportunities
there. We do this without a second thought nowadays, but the truth is that without the
freedom of movement guaranteed as a part of our Fundamental Rights, we would not
be able to travel the length or breadth of our country, leave alone the world. What if
you wanted to travel to another country to attend a university or to attend a seminar,
and you were denied a passport for no rational reason? Wouldn’t you be upset? Well,
now you can do something about this – you can approach a court and ask that it
protect your Fundamental Right to Freedom of Movement! Similarly, you also have
the freedom to reside in any part of the country.
Just as you cannot blow up another person’s property to express yourself, the right to
freedom of movement and to reside in any part of the country has certain limits. Certain
parts of the country may be kept ‘off limits’ for reasons of security, or to preserve the
local culture and habitat.
Have you ever had a friend who wanted to be a sports person or artist, and who was
really talented, but her parents wanted her to be a doctor or an engineer, and nothing
else? This did not seem fair on your friend at all, did it?
Similarly, suppose the Government were to choose your job or profession for you
when you graduated from high school, and you had no choice in the matter. Or suppose
that you decided to become a lawyer, but the Government abolished the profession
altogether one day, without giving any reasons.
Don’t worry! Such a thing is not possible in our country, because all citizens also have
the freedom of trade, profession, occupation, and business. Once again, this right is
not absolute, and if you want to pursue a profession that is immoral, or would cause
harm to other persons – such as trafficking in women and children, or peddling addictive
drugs, then you would not be protected by this Fundamental Right.
Let us understand a little better what these restrictions on the fundamental freedoms
might be. When can these restrictions be imposed? Articles 19(2) to (6) tell us about
these restrictions in detail. Some instances where restrictions may be imposed are:
if your freedom of expression would cause the defamation (unfair slur to
somebody’s character) of some other person;
if the exercise of your freedom is in contempt of court;
if your actions affect the security of the State, or friendly relations with
other countries;
if you incite (encourage) an offence;
if your actions affect the maintenance of public order, or the sovereignty and
integrity of India. However, such restrictions cannot be imposed by law beyond
the requirements of Articles 19 (2) to (6). Another point to be noted is that no
restriction can be imposed by executive actions alone, unless it is authorised by
law. These restrictions are subject to judicial review. Once again, therefore, there
16
is a balance to be maintained – between the freedoms of the individual, and the interests Fundamental Rights
of the collective. One good way to try and understand this balance is to remember
that you do not have the freedom to do whatever you like – but you do have the
freedom to do whatever you like as long as it does not harm somebody else.
Activity 2
In the table below, try and think of an example of how each of the fundamental
freedoms that have been named can be exercised, and an example of a
situation where you think a reasonable restriction can be imposed on that
freedom:
4.8 BREAKING THE SHACKLES: PROTECTION

AGAINST EXPLOITATION
Where do you think it is better for a 10-year-old child to be – in school, learning
how to read and write, or working in a fireworks factory somewhere? The former,
we hope!
The sad truth is that some people in our country are still subjected to the most
inhuman forms of exploitation. You may have read about instances of bonded
labour, or the buying and selling of human beings in certain parts of our country.
Article 23 of our Constitution prohibits such forms of exploitation. Similarly,
Article 24 prohibits the employment of any child below the age of 14 years in
any hazardous employment.
4.9 HIGHER DEVELOPMENT: RELIGIOUS,

Valid exercise of freedom Restriction can be imposed
The freedom of speech and ........................................................

expression.
........................................................
The freedo m t o form ........................................................

associations or unions.
........................................................
The freedom to reside in any ........................................................

part of the territory of India.
........................................................
The freedom of trade, ........................................................

profession, occupation, or
........................................................
business.
........................................................
The freedom of movement.
........................................................
17
Rights and Duties
CULTURALAND EDUCATIONAL RIGHTS
Aside from the mere necessities of everyday existence, we humans also seek other
pursuits, such as religion, education, and culture. These pursuits are fundamental to
our overall growth as human beings, and it is very important that we are able to
exercise a free choice in such matters.
For example, suppose you were forced to follow a religion against your choice, or if
you were forced to speak a language that is not your mother tongue. Don’t you think
this would come in the way of your growth and development as a human being?
The Constitution guarantees certain religious, educational, and cultural rights to each
one of us.
Under Articles 25, 26, and 28, we can profess the religion of our choice, and practice
the tenets of that religion. So a Sikh today can, for example, wear a turban or carry a
kirpan in public. We can manage our religious affairs, and run institutions and acquire
land and other property to run our religious affairs. If a Christian child so chooses, she
can attend Sunday school in Church – as can any person who seeks to acquire religious
instruction.
As always, though, a balance has to be maintained, and although you have the freedom
to practice the religion of your choice, you cannot force somebody else to give up
their religion, or to convert to your religion. Article 27 clearly provides for this. Similarly,
you cannot force a tax upon somebody – that is, you cannot force somebody to make
a compulsory payment or contribution of any kind in order to further your religious
beliefs. Article 27 clearly provides for this.
Though a democracy allows everyone to voice their views and opinions, sometimes
there may be a fear of the majority drowning out the voices of the minority. India has
a rich and varied collection of languages and cultures. It would be terrible if we were
to lose some of these cultures – and the ones in greatest danger of being lost are those
of the minorities.
It is for this reason that Articles 29 and 30 protect the educational and cultural rights of
minorities. Minorities in our country can, therefore, establish, administer, and run
educational institutions to preserve their culture and heritage. They can impart education
in their own language or script. But we must remember that at the end of the day, all of
us are one nation – regardless of which religious or cultural group we belong to – and
therefore, no citizen can be denied admission in any minority-run educational institution
on grounds only of race, caste, and language. The minorities can also establish and
administer educational institutions imparting general education or professional education
like engineering, law and medicine.
Activity 3
During festivals, various groups organise the setting up and maintenance of
religious shrines, such as pandals for Durga Puja in Bengal. Have you ever been
in a situation where somebody from such a group has come to your house and
demanded that your family pay a contribution towards the construction of a
pandal? Do you think this is a violation of any of your Fundamental Rights?
Which one, and why?
18
Fundamental Rights
4.10 ENSURING JUSTICE: PROTECTION IN
RESPECT OF CONVICTION FOR OFFENCES
You would agree that the State has to have certain powers to make sure that we can
all live our lives in a peaceful manner – so, for example, the State has the power to
investigate crimes and offences, and to punish the guilty.
But what if the State becomes overzealous in this effort to find and punish the guilty?
Would it be fair to torture someone to say that she committed a crime, or to repeatedly
punish somebody for something they did? Clearly not!
It is in order to prevent such excesses, and to prevent such unfairness, that Article 20
of our Constitution provides certain protections in respect of conviction for offences.
In very simple language, what this means is that you have the right to protect yourself
in a criminal investigation, or in criminal proceedings, from unfair behaviour, or the
excesses of the State machinery, such as the police. Let us understand how this works.
Let us take a very simple situation: suppose the Government passes a law which says
that eating meat is a crime, and that any person who eats meat in any form shall be
punished with rigorous imprisonment for a month. Perhaps there are certain legitimate
reasons why the Government passed such a law. Fair enough. But what if the law also
says that anybody who has eaten meat in the past six months would also be imprisoned?
That would be clearly unfair, because the law seeks to punish somebody who did
something in the past, when that act was not a crime! This is whyArticle 20(1) prohibits
the passing of any laws that punish any acts before the passing of the law.
Suppose I have committed a crime, and that I have been punished for it. I was sent to
jail for six months, but after I was released; I went back to my normal life, and have
been a model citizen. I have worked very hard to rebuild my life, and to contribute to
society. But suddenly, after a few years of being out of jail, the Government wants to
send me back to jail, for the same offence I committed in the past! Wouldn’t this be
unfair? Let us also think a little practically – going through a criminal trial is an expensive
and time-consuming process. I may even be sent to judicial custody as an undertrial
for some time. If, after all of this, I am found innocent, it would be very unfair if the
Government were allowed to force me to go through this entire process all over again.
This is why Article 20(2) prohibits any person from being prosecuted and punished
for the same offence twice. This is also called ‘protection against double jeopardy’.
The Governmental machinery is supposed to have been created for our welfare, and
institutions like the police force are meant to protect us. In such a situation, should the
police be allowed to torture a suspect, or use force to compel somebody to say that
she committed a crime? Of course not! Article 20(3) says that no person can be
forced to make a statement, either oral or written, against herself. So if the police
suspect that I have committed a crime, they may well question me, but they cannot hit
me, or use any form of physical force to make me say anything.
You may have seen in the media that the use of ‘narco-analysis’ or ‘truth serum’ tests
is becoming increasingly popular, especially in ‘high-profile’ cases, which have grabbed
the nation’s attention. So we have a situation where the police or C.B.I. can conduct
a ‘narco-analysis test’ on me, but this would be similar to forcing me to say something,
because I am not in control of my sense at that time. Why, then, is this allowed?
19
Rights and Duties Very simple – any statements I make while under the influence of such drugs cannot
be used against me in a court. But the police can use these statements for the purposes
of their investigation. So if in a narco-analysis test I say that I killed ‘X’, and hid the
murder weapon in my garden, the police cannot use that as a confession in court, but
they can go to my garden, and try and look for that murder weapon, and see if it has
my fingerprints on it. Similarly, if the police ask me for my fingerprints, or blood or
DNA samples, they are not forcing me to ‘make a statement’, or ‘be a witness’ against
myself. They are merely doing this for the purpose of their investigation, and this is
permitted.
There are also other safeguards to ensure that the State does not exercise its powers
in an unfair manner – for example, if I am taken into police custody, I must be produced
before a magistrate within 24 hours. Article 22 (1) requires this. My custody can be
extended – that is, I can be sent back to police custody – only if the magistrate so
orders. This is very important – otherwise, the State could pick up people, and keep
them in custody for as long as it liked, without any reason whatsoever!
4.11 A WHOLESOME AND COMPLETE LIFE: THE

PROTECTION OF LIFE AND PERSONAL
LIBERTY
Now that you have read a fair bit about the Fundamental Rights, what do you
think is the basic idea behind these rights? The idea that the State cannot exercise
its power arbitrarily, and that we all have protections and freedoms that ensure
we can live our life to the fullest, right? The next Fundamental Right that we
will look at talks about exactly this core aspect, and that is why it is probably the
broadest in scope and extent among all the Fundamental Rights.
Article 21 says that no person (and not just a citizen!) may be deprived of her life
or personal liberty except according to ‘procedure established by law’.
The State is very powerful in some ways, and it is important that these powers
are exercised for the same reasons that we, the people of India, gave the State
those powers. Remember that the State can use force through machinery such as
the police, or the armed forces, that it can arrest and detain you, and that it can
even take away a person’s life through means such as the death penalty.
What this Article says is that the State can only exercise such powers which
affect our life or personal liberty under a law which supports such an action, and
that it must very strictly follow the rules that are laid down for the use of such
power. For example, the State cannot just use physical force against a person,
unless there is a situation like a riot, where the law allows the police to use force
to restore law and order. Similarly, it cannot put you under house arrest or prevent
you from going somewhere unless there is a law which allows the State to do
that, and the State has followed all the rules that law has laid down. The procedure
and law depriving a person of his life and personal liberty must be fair, just and
reasonable.
It would be clear to anybody that this is one of the most critical Fundamental
Rights, and it, just like the rights under Article 20, cannot be suspended under
20
any circumstances, even during a proclamation of National Emergency. Fundamental Rights
Let us look at a very simple question: what does the term ‘life’ mean to you? Just a
basic day-to-day existence, with air, food, water, and shelter? But wouldn’t that just
be ‘survival’? ‘Life’ means a lot more, and the courts have interpreted Article 21 in a
very broad manner over the years. Your Right to Life under Article 21 includes such
things as:
The right to education;
The right to a clean environment; and
The right to basic human dignity.
Without all of these, ‘life’ would be meaningless indeed, and Article 21 includes all of
these necessities of life within its scope. In fact, Article 21A was recently added to the
Fundamental Rights by way of an amendment, and now, all children between the ages
of 6 and 14 have the Fundamental Right to free and compulsory education. It is
important that you understand this Article in a creative manner, so that we as citizens
can ensure that everyone has the necessities for a wholesome and complete life.
The right to life does not include right to die. In Smt. Gian Kaur v State of Punjab6 ,
one of the points raised was the inclusion of ‘right to die’ within the ambit of Article 21.
The constitutional validity of Sec 306 and 309 of the Indian Penal Code were challenged
as violating Articles 14 and 21. The bench was of the view that right to life is a natural
right embodied in Article 21 and suicide is an unnatural termination of life. Therefore,
it is incompatible and inconsistent with the concept of right to life. Hence, neither of
the sections is unconstitutional and continues to stand valid.
The term ‘personal liberty’ also should be understood in a broad sense. While it
includes such basic concepts, such as, you cannot be placed in custody without
the proper procedure laid down in law, but also, as the Supreme Court pointed
out in the case of Maneka Gandhi v Union of India7 , AIR 1978 SC 597, that
your passport cannot be impounded without any valid reasons. Right to life and
personal liberty includes freedom from torture, bonded and child labour and
sexual harassment.
4) What other rights have been incorporated into Article 21 in a broader
sense?
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
4.12 THE HEART OF OUR FUNDAMENTAL
6
(1996) SCC 648 21
Rights and Duties
RIGHTS: THE RIGHT TO CONSTITUTIONAL
REMEDIES
While it is all very well of talk of the Fundamental Rights, and how much protection
and freedom they offer us, one critical question we have not talked about yet is:
How do we as ordinary people make sure that we actually get these rights?
The answer to this lies in the last Fundamental Right we will look at in this Unit – the
Right to Constitutional Remedies under Article 32.
We saw at the very beginning of this Unit that the judiciary has the tough job of
maintaining the balance between the rights of the individual on one hand, and
the powers of the State and the interests of the nation on the other hand. This is
why, if ever you think that your Fundamental Rights have been violated, or denied
to you, you can go to the courts to ask for justice.
Under Article 32, the Supreme Court has been given the power to pass certain
orders, or ‘writs’, to ensure that the Fundamental Rights are protected. Under
Article 226 the High Courts can also issue writs to enforce fundamental rights.
These writs are of five different types, and can be used as required, but the most
important thing that you should keep in mind is:
Any person, no matter who he or she is, has the Fundamental Right to go directly
to the highest court in the country to enforce their Fundamental Rights. This is
provided in Article 32 of the Constitution.
This is a mighty weapon indeed, but in order to use it, one must know about it. So let
us make sure you do!
The five writs are called habeas corpus, prohibition, quo warranto, certiorari, and
mandamus. Any one of these, or a combination of these, can be used to ensure that
the Fundamental Rights are protected. For example, if a person is being unlawfully
detained in custody, a writ of habeas corpus can be ordered to have the person
brought before the court. If a Government Department is denying your Fundamental
Right to Life by not supplying water to your village, for example, a writ of mandamus
can be issued against it, ordering to make sure that water is supplied.
Though there is a procedure that you must follow to go before the court, the Supreme
Court has even accepted a petition written on a postcard as enough for the purposes
of this Article in the past. If the situation is so grave that a person’s Fundamental Right
has been violated, the Court will step in to provide justice, even if you have not followed
all the normal rules and regulations for approaching the Court. By filing a public interest
petition any member of public can move the Supreme Court or a High Court to seek
justice on behalf of the disadvantaged people like bonded labour, child labour and
rickshaw pullers.
Without this one right, all the other Fundamental Rights would be meaningless. In one
case in the past, called ADM Jabalpur v Shivakant Shukla8 , AIR 1976 SC 1207,
the Supreme Court said that this right would not be available during a proclamation of
National Emergency. But that has been changed by an amendment, and now, this
7
22 AIR 1978 SC 597
Fundamental Right under Article 32 can never be taken away from you, even if a Fundamental Rights
proclamation of Emergency is in operation.
Self-assessment Questions
5) What remedies does one have in cases of infringement, or violation, of the
Fundamental Rights?
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
6) Can our fundamental rights under Article 32 be suspended during emergency?
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
4.13 SUMMARY
Let us now sum up what we have studied in this unit:
We saw the nature and scope of our Fundamental Rights, and understood
how they act as a check against the arbitrary use of power by the State.
Equally importantly, they ensure that we can realise our full potential as
human beings, and that we are able to lead a complete and wholesome life.
We gave ourselves these Fundamental Rights against the State, which means
the Government, and all the agencies and instrumentalities of the State, such
as Government-owned corporations.
The Fundamental Rights include the Right to Equality, which means that
‘like should be treated like, and unlike should not be treated alike.’ The
Government can make provisions for the upliftment of disadvantaged sections
of society, as long as it does this in a reasonable manner.
We also have certain freedoms, such as the freedom of speech and expression,
and the freedom of trade, profession, occupation, and business, and the State
can impose restrictions on these freedoms only if it does so in a reasonable
manner.
We also have religious, cultural, and educational rights, so that all persons,
and all minorities, can practice and profess their religion, and take steps to
preserve their culture. But this cannot happen at the expense of another
8
AIR 1976 SC 1207
23
Rights and Duties person’s liberty, so you cannot force somebody to change their religion, or deny
admission into an educational institution to someone just because of their religion,
caste, or language.
The Fundamental Rights also include the protection against retrospective criminal
laws, against double jeopardy, and against being forced to be a witness against
oneself.
Article 21, probably the broadest in scope of the Fundamental Rights, ensures
that no person can be deprived of her life or personal liberty except according
to procedure established by law. This Article has been interpreted in a very
broad sense, and has been taken to include within itself such things as the
right to education, and the right to a clean environment.
Finally, we read about the Right to Constitutional Remedies under Article

32, which any person can directly approach the highest court in the land to
enforce the Fundamental Rights.
4.14 TERMINAL QUESTIONS

1) Why did the makers of our Constitution provide the Chapter on Fundamental
Rights?
2) Can the fundamental rights be violated by our lawmakers and if so, then
how?
3) Do you think it is fair for the State to make special measures for the upliftment
of certain sections of society? Why?
4) The police in Udhamnagar village are investigating a crime, and they suspect
that a local ruffian, ‘Kallu’ has committed the crime. What powers do the
police have in such a case, and what can’t they do?
4.15 ANSWERS AND HINTS

1) The Fundamental Rights have two basic ideologies underlying them: they
act as a check on the excessive or arbitrary use of power by the State, and
they are also proactive tools that can be used by the people of India to ensure
that they can live their life in the manner they think fit. It must also be
remembered that the Fundamental Rights are not absolute. Just as excessive
State authority may be harmful, individual rights must be balanced with the
interests of the State, and those of the collective. Therefore, one may even
say that the third basic ideology behind the Fundamental Rights is the
distillation of the principle of democracy, where each individual has the
right to participate, but never at the cost of another.
2) i) to iv) Yes
3) Except for iv), all are reasonable restrictions.
4) The Right to life (Article 21) also includes freedom from torture, bonded
and child labour and sexual harassment.
5) Rights without the means to enforce them would be meaningless. Hence,
24
the Constitution also provides the mechanism for the enforcement of the Fundamental Rights
Fundamental Rights under Article 32. This is a Fundamental Right in itself,
the Fundamental Right to Constitutional Remedies. Once the court is
convinced that a violation of a Fundamental Right has taken place, it can pass
certain orders, called ‘writs’. These writs are of five types, and can be used in a
variety of ways to ensure that the violation of the Fundamental Right is stopped,
and that the State corrects any wrong actions.
6) No, our fundamental rights to move the courts under Act 32 cannot be suspended
even during emergency.
Terminal Questions
1) Refer to Sections 5.1 and 5.3
2) Refer to Section 5.3
4.16 REFERENCES AND SUGGESTED READINGS

Mahendra P. Singh ed, V.N. Shukla’s Constitution of India (Lucknow: Eastern
Book Company, 11th ed. 2008).
H.M. Seervai, Constitutional Law of India (New Delhi: Universal, 4th ed. 2005).
S.P. Sathe, Judicial Activism in India: Transgressing Borders and Enforcing
Limits (New Delhi: Oxford University Press, 2002).
S.K. Verma and Kusum eds, Fifty Years of the Supreme Court of India: Its
Grasp and Reach (New Delhi: Oxford University Press, 2000).
25
Rights and Duties
UNIT 5 DIRECTIVE PRINCIPLES OF
STATE POLICY AND
FUNDAMENTAL DUTIES
Structure
5.1 Introduction
5.2 Objectives
5.3 Nature and Scope of the Directive Principles of State Policy
5.4 The Directive Principles as a Roadmap
5.5 Juggling Priorities
5.6 Evaluating our Performance
5.7 Fundamental Duties
5.8 Summary
5.1 INTRODUCTION
India was a country in turmoil when the makers of our Constitution were drafting
the broad set of rules that would bind us as a nation. The partition riots were
wreaking havoc in some parts of the country; in others, people were starving;
and in most parts, most people were illiterate, and uneducated.
Yet, we, the people of India, decided to set ourselves some fairly tough goals.
We decided that this would be a sovereign republic, and that we would ensure
that all of us were able to live our lives to the fullest. Were these goals impossible?
And if they are, is it any use trying to believe in these goals and achieve them?
If they are impossible, then there is clearly no point in putting them down in our
Constitution – but we found a way of making these seemingly impossible goals
seem achievable. How did we do this?
In order to achieve these lofty ideals, we set ourselves some clear milestones,
some fundamental objectives that we should all try to achieve. These milestones
are known as the Directive Principles of State Policy. These are the steps in the
ladder that may help our country transform impossibility into reality.
If the directive principles are duties imposed on the State, our Constitution imposes
certain fundamental duties on the citizens too. Even though both sets of duties
can not be enforced, they act as guiding principles and help us – State and citizens
– to achieve the promise we have made ourselves in the Preamble.
In this Unit, we will turn our attention to these milestones, these goals that we
have set for ourselves. We will try to understand how they are effective in helping
India achieve what others may think impossible.
26
Directive Principles of State
5.2 OBJECTIVES Policy and Fundamental
Duties
explain the basic nature and concept of the Directive Principles of State Policy
under the Indian Constitution;
explain whether the Directive Principles are effective at all, and if so, how they
can be implemented;
identify what these Directive Principles are, and be able to evaluate the progress
that successive governments have made in achieving them;
analyse the relation between the Directive Principles and the Fundamental Rights.
explain the nature and importance of Fundamental Duties.
5.3 NATURE AND SCOPE OF THE DIRECTIVE

PRINCIPLES OF STATE POLICY
We are used to living in a democracy. We are used to having a voice in the
government’s decision making process. We are used to being able to throw the
current government out if we feel that they are not doing a great job. Why do we
do this? Why do we think this is important?
Perhaps the answer lies in the fact that our ability to think, to reason, and to
question the actions of those in power, is not automatically suspended the day
the elections are over. As citizens in a participative democracy, we do not stop
thinking about the future of our country just because we have elected a new
government and put a new set of people in power. We do this because human
thought is fickle, and sometimes those in power may not be consistent in their
decision-making.
However, if the government is already in power, what can we do if we do not

like its policies, except to criticise it through peaceful means? Don’t you think it
would be a good idea to have a broad path laid down for the government to
follow, so that it does not stray too far from what WE, the people of India, want
it to do?
It is exactly this purpose that the Directive Principles of State Policy fulfil. The
Directive Principles are like a set of ideals, or goals, that each government should
try and fulfil. No matter what the policies or plans of the political party in power,
it can only act in a manner that would be consistent with these broad ideals.
Otherwise, we would have a situation where the country changes direction
dramatically every time there is an election! We would be no better than a country
that is ruled by a series of dictators, with each dictator in turn doing whatever he/
she wishes with the country!
Seen like this, the Directive Principles help guide the government of the day,
and bring about a sense of stability to the direction of the country’s progress.
This means that the Directive Principles are a way of ensuring that the country
progresses consistently over time, rather than heading off in a different direction
every five years or so.
The Directive Principles can also be seen as a check upon the arbitrary use of State
27
Rights and Duties power. This means that the government of the day cannot destroy all the work that has
been put into developing the country over the years, simply because that work does
not agree with its own whims and fancies.
Our Directive Principles, therefore, is the steady anchor that holds the national ship
steady amid the turbulent tides of time. But does this mean that they bind us to decisions
made decades ago, which we cannot change at all? Of course not! If enough of us
believe that the Directive Principles need to be changed, this can always be done by
way of an amendment to the Constitution.
Two last questions before we look at what these Directive Principles actually are: if
these goals are difficult to achieve – some may even say ‘impossible’ within the limited
terms that governments have in power – then do we have the right to go to court
against a particular government for its failure to implement any Directive Principles?
Clearly not! This is the reason why the Directive Principles are not enforceable like
your Fundamental Rights. Very simply put, you can go to a court and ask for an order
(which we now know is called a ‘writ’) to make sure that you get your Fundamental
Rights. But you cannot go to a court and ask for an order to be passed against the
Government simply because it has not been able to achieve one of the Directive
Principles of State Policy.
Finally, does this mean that the Directive Principles are meaningless? No. As we saw,
they give direction and purpose to the government’s policies, and are vital as a
benchmark against which we can judge the government’s performance. These are
also given a lot of importance in the hierarchy (the order of superiority) in our
Constitution, to the extent that a law that enforces a Directive Principle of State Policy
may not be struck down by the courts, even if it restricts a Fundamental Right. We will
see how this works in more detail in a later part of this Unit.
1) What is the primary function of Directive Principles?
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5.4 THE DIRECTIVE PRINCIPLES AS A

28
ROADMAP Policy and Fundamental
Duties
Now that we have a fair idea of what the Directive Principles of State Policy are
supposed to do, let us try and see what exactly they say. What are these ideals
that we are supposed to achieve? Once we know this, we can better understand
how they can be put into effect and, very importantly, judge how successful we
have been as a nation in achieving these goals since Independence.
The Directive Principles are in Part IV of our Constitution. You would remember
that Part III talks about the Fundamental Rights. The fact that the Directive
Principles are put immediately after the Fundamental Rights shows how important
our Constitution-makers considered them to be.
The first two Articles in Part IV, Articles 38 and 39 tell us very clearly how the
Directive Principles are meant to be used. Article 37 tells us that the Directive
Principles cannot be enforced in a court of law. We saw the meaning of this in
the previous section – you cannot go to court and ask for an order against the
government because you think that they have not achieved any of the Directive
Principles. The next Article, Article 38, though, clearly states that State should
try and keep these Principles in mind when creating policies for the country. It
says that the State should ‘strive for the welfare of its subjects [people like you
and me!] by securing and protecting social order, in which justice – social,
economic and political – shall inform all the institutions of life.’ Notice how
these ideals of justice are the same as the ones set out in the Preamble of the
Constitution. Does this give you an idea of how important the Directive Principles
are considered to be in the Constitutional framework?
What, then, is ‘social justice’? The Supreme Court explained this concept in the
case of Air India Statutory Corporation v United Labour Union, AIR 1997 SC
645 as a complex set of social changes that are necessary to make the lives of all
the people of the country more liveable. This applies especially to the poorer and
more deprived sections of society. The idea, then, is to try and bring all the
people of the country to a level where they can enjoy a standard of life that
allows them complete room for growth and development. Does this concept
seem familiar to you? Yes, that’s right – it is exactly the same concept we saw
when we were reading about the concept of ‘Equality’ under Article 14 of the
Constitution in the previous Unit!
Now, let us ask ourselves what inequalities exist in our country’s society, which
the Directive Principles seek to remove. If you think about it carefully, some of
these inequalities would be:
The inequalities between men and women, such as the fact that women are
sometimes not paid as much as men, even if they do the same amount of
work;
The inequalities between the rich and poor, which often arise because the
poor do not have access to the means of production – which means that they
do not have the ability to create wealth, for example by building their own
businesses or factories;
The inequalities between those who have access to proper medical facilities and
those who do not; and
29
Rights and Duties The inequalities between children who have access to education, and those who do
not. Such children who are unable to get an education are often the same children who
suffer exploitation.
Privileged Sections of Society
Women Children Poor Scheduled Castes/Tribes

Figure 5.1: Upliftment of people who suffered without any fault, and who need to be brought
at par with the privileged sections of society.
Article 39 sets out these inequalities and directs the State to strive for their removal.
This Article has been put into effect in part – we now have a law in the country which
prohibits the employment of children below the age of fourteen in any hazardous
industry.
You may sometimes have wondered how the government, which is based in the capital,
can think about the problems of all the people in the country, and how it can possibly
solve the problems that arise in the smallest villages. You are not alone in wondering
about this! Article 40 encourages the development of a system of local self-government.
It says that the State should try and set up systems like village panchayats. This is
because the people who are on the ground are best able to identify their problems,
and can find the best solutions for them. This, too, has been put into effect to some
extent, and panchayats are a common feature in India.
Not only that, in some states there also exists a system for ‘recall’ of candidates
elected to these local bodies. If the people do not like the work that elected
candidates have done while in office, they can vote them out of power!
Article 41 says that the State, ‘within the limits of its economic capacity’, should
try and secure the right to work, to education, and to public assistance in cases of
unemployment, old age, sickness, and disablement, and other such cases. You
need only look around you to realise that this ideal is far from realisation. Not
only that, the courts have interpreted this Principle in a slightly narrow manner –
they have said that if somebody loses their job because of a failure of the government
– say because the government cannot supply electricity to a factory, then the government
does not have to pay compensation to that person.
30
The next three Articles, 42, 43, and 43A, focus on the right to work, and encourage Directive Principles of State
Policy and Fundamental
the participation of workers in management. Duties
The next Directive Principle we shall read about is slightly controversial. Article
44 says that the State should try and put in place a ‘Uniform Civil Code’ in the
country. Today, the ‘personal laws’ governing each person depends upon their
religion. This means that the laws relating to matters such as marriage, divorce,
succession, and adoption are different for people from different religions. Since
we have a large number of religions co-existing in our country, this ideal has
been difficult to realise. Do you think that the State should at all try and realise
this Directive Principle? Is it fair for the government to interfere in such matters?
On the other hand, can the State allow inequalities between people from different
religions to continue? For example, a woman belonging to one faith may have
the right to maintenance after divorce, but a woman belonging to another faith
does not.
A tricky question, indeed!

One Directive Principle that has been realised in theory is Article 45, which
encourages the State to try and provide for free and compulsory education for all
children till the age of fourteen. We now have a Fundamental Right under Article
21A that provides for this. However, but you would agree that there are still a lot
of children below the age of fourteen who do not have access to education, and
are forced to work for a living.
Article 46 gives sweeping directions to the State to strive for the welfare of the
‘weaker sections of society’. But the problem is that this term has not been clearly
defined anywhere in our Constitution. Traditionally, though, the focus under this
Article has been on groups such as the Scheduled Castes and Scheduled Tribes.
The next Article, Article 47, focuses on health and nutrition. It encourages the
State to raise the level of nutrition and standard of living of its people.
Furthermore, it also encourages the prohibition of the consumption of intoxicating
drinks and drugs, except for medicinal purposes.
A large percentage of the people in our country – more than half – work in the
agricultural sector to earn their living. If this is the case, it is obvious that the
State should try and take steps to improve and modernise agriculture and animal
husbandry in the country. This is exactly what Article 48 talks about. That Article
also goes on to direct the government to try and prohibit the slaughter of all
milch and draught cattle.
The landscape of our country is dotted with historical monuments. We have a

rich heritage, a combination of many cultures from different parts of the world,
and these monuments are symbols of that heritage. This is why Article 49 directs
the State to take steps to preserve every monument, place, and object of artistic
or historic interest. But think about the last time you took a holiday to visit such
a place – chances are that that monument would have been scarred by graffiti.
The Taj Mahal, which is recognised globally as a symbol of Indian culture is
now being slowly destroyed – pollution is ruining the marble of this monument. Do
you think that this Article has been realised?
We know by now that one of the pillars of our system of government is the separation
31
Rights and Duties of powers between the executive, legislature, and judiciary. We have also seen how
the judiciary is entrusted with the responsibility of keeping a check on the arbitrary use
of power by the legislature and the executive. For this reason, Article 50 encourage
the State to preserve and encourage the independence of the judiciary.
You may have heard the phrase ‘no man is an island.’ Similarly, our nation cannot
survive by itself, cut off from the rest of the world. Article 51, the last of the
Directive Principles directs the State to try and promote international peace and
security. This is necessary for India to gain its rightful place as one of the prominent
nations of the world. Think about this, and perhaps India’s struggle to gain a
permanent place on the Security Council of the United Nations would make
more sense to you!
2) How have the courts tried to give effect to the Directive Principles over
the years?
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5.5 JUGGLING PRIORITIES

The only problem with trying to achieve very difficult goals is that they may
come at the cost of other priorities. Now that we have a good idea of what the
Directive Principles of State Policy are, and how they are supposed to be used,
let us understand what would happen if a law that tries to put a Directive Principle
into effect restricts one of your Fundamental Rights.
Let us take a small example to discuss this, and to understand this better. Suppose
the Government of a particular state passes a law, which says that since there is
a shortage of agricultural labour in some districts in that state, there would be a
ban on anybody working in the cotton industry in that state. The law says that if
anybody tries to employ workers in the cotton industry, they would be punished.
The reason offered for this is that this would free up enough people to work as
agricultural labour, and that this is being done to enforce the Directive Principle
under Article 48, which directs the State to promote agriculture.
Now, the cotton manufacturers in that state challenge this law in court, saying
that it violates their Fundamental Right to freedom of trade, profession, occupation
and business under Article 19(1) (g). They say that if people are not allowed to work
in the cotton industry, they would have to stop their businesses, and close down their
factories.
How would you decide this case?

32
The answer does not seem very simple, does it? On the one hand, you have a Directive Principles of State
Fundamental Right, which is considered one of the most basic features of our Duties
Constitution. On the other, we have a Directive Principle of State Policy, which
is considered an ideal that the State must head towards – some may even say that
it is the very reason for the existence of the State.
In the early years of independent India, courts used to lay much more emphasis
on the Fundamental Rights, and if a law tried to restrict a Fundamental Right, it
would be struck down – even if it was trying to enforce a Directive Principle.
But then, there was a realisation that this would have a bad effect upon the concept
of Directive Principles. If they are not enforceable in a court of law anyway, and
if the courts strike down a law trying to put them in place on the grounds of a
restriction on the Fundamental Rights, then Part IV of the Constitution would be
rendered completely meaningless.
According to the Supreme Court the fundamental rights and directive principles
constitute the “conscience of the Constitution” and both are complementary to
each other. In many cases the Supreme Court has interpreted fundamental rights
on the guidelines supplied by the directive principles. The two have to be
harmoniously construed. When a question is placed before the court, about
whether a law trying to enforce a Directive Principle, that also restricts a
Fundamental Right, should be allowed to exist, the court will typically ask three
types of questions:
What is the extent of the restriction? Is it absolute, or partial? If the restriction

on the Fundamental Right is absolute, that is, complete, then the law would
probably be cancelled.
What purpose is the government trying to achieve through that law? Is it to

enforce a Directive Principle? And is there a reasonable connection between
that purpose, and the restriction that has been placed on the Fundamental
Right? This is also known as the ‘nexus’ question. If the government can
show that there is such a connection, and that putting that restriction in
place would help the enforcement of the Directive Principle, then the court
may allow the law to continue; otherwise, it would strike it down.
Finally, the court will ask whether there was any way of enforcing that
Directive Principle, other than by placing a restriction on a Fundamental
Right. If there does exist such an alternate way, then the court will strike
down that law, and the government will have to adopt that other method if
it really wants to enforce the Directive Principle. If there is no such other
way, then the court may allow the law to stand.
Now, let us try and apply these questions to the situation we discussed.
Was the restriction absolute, or partial? In this case, the restriction placed
on the Fundamental Right of trade, profession, occupation and business of
the persons employed in the cotton industry was complete. The law said
that anybody trying to employ workers in the cotton industry would be punished.
On this ground, therefore, the court may strike the law down as invalid.
What was the purpose behind the law, and was there a nexus with that purpose?
In this case, the purpose behind the law was to enforce the Directive Principle
33
Rights and Duties under Article 48. The government can argue that there exists a reasonable
connection between this purpose, and the restriction placed on the Fundamental
Right under Article 19(1) (g). It can argue that the cotton industry is employing
too many people, and that is the reason why there is a shortage of labour in the
agricultural industry. On this ground, therefore, the court may say that the law is
valid.
Finally, let us consider if there was any other way of enforcing that Directive
Principle. The government may argue that the only way to obtain agricultural
labour in districts that were facing a shortage would be to prevent people
from working in the cotton industry. But then, wouldn’t it be a far simpler
solution to have people from other districts come and work in the agricultural
sector wherever there was a shortage? Of course! And wouldn’t this mean
that there is no need to place a restriction on any Fundamental Right? Again,
the answer is clearly ‘Yes!’ On this ground, therefore, the court may hold
the law to be invalid.
Now, let us step back and consider whether the law would be valid. If you consider
the responses to the three questions above, and all the things we discussed, it
would now be clear that the law will be struck down. What seemed a complicated
question now has a fairly simple answer!
5.6 EVALUATING OUR PERFORMANCE

We now have a good understanding of how the Constitution-makers expected
the Directive Principles to work, and what these Directive Principles are. We
also saw the relationship between the Directive Principles and the Fundamental
Rights, and we now understand that the courts always try and balance these
interests, using the doctrine of ‘harmonious construction’, which we discussed.
But given all of this knowledge, we must now ask ourselves honestly as a nation
whether we have achieved all these lofty ideals we set for ourselves. We may
have thought of some fantastic goals, and also put in place a good system to
bring them to reality, but have the successive governments since independence
really been able to do this?
There is today a Fundamental Right to free and compulsory education for all
children up to the age of fourteen, under Article 21A, but we know that this ideal
is far from the actual truth – there are still countless children who have to work
in often hazardous conditions to survive. This is not a problem of the villages or
semi-rural places alone – cities are full of children who work at roadside
restaurants, workshops, and even in people’s houses as domestic servants.
People belonging to the scheduled castes have had to struggle for their right to
basic human dignity for centuries. The history of caste struggle in India is long
and bloody, and even as recently as a few decades ago, organisations like the
‘Dalit Panthers’ in Maharashtra were so frustrated at the ill-treatment of their
community by the government that they took to violent means to have their
voices heard. While we cannot condone the use of violence as a means of protest
in civil society, instances like this highlight the terrible conditions that people in
our country are often forced to live in. Read the newspaper carefully for a week,
and chances are that you would come across at least one story that talks about
34
how a persons belonging to a lower caste has been tortured and killed for an offence Directive Principles of State
as trivial as taking water form the village well, or entering the compound of a temple Duties
meant for the higher castes. Untouchability has officially been abolished, and this one
measure has been successful to some extent. We now have the Prevention of Atrocities
on Scheduled Castes and scheduled Tribes Act, 1989 which makes offences against
people belonging to the scheduled castes punishable. Caste politics has become a
feature of Indian politics, and caste often holds the key to unlocking the identity of the
next government. This shows that the lower castes have at least been able to make an
impact upon the electoral process. Reservations in educational institutions, and in
government jobs, are a reality in India today.
Even the so-called ‘modern’ face of India bears its blemishes – try and find out who
the leaders of Indian industry are, and chances are that you would come across very
few women. In many families living in the most metropolitan cities, girls find it difficult
to convince their parents to let them pursue higher education. Dowry deaths abound.
Unemployment is rampant, and state-run initiatives have had questionable impact upon
this problem. Thousands of villages across the country still lack basic amenities like
electricity and water.
The judiciary is often asked to interpret the ideas set out in the Directive Principles,
and the results have been mixed. For example, in one very famous case called
the Shah Bano case, Mohammed Ahmed Khan v Shah Bano Begum and others,
AIR1985 SC 945 the Supreme Court upheld a Muslim woman’s right to receive
maintenance from her husband after divorce, a giant leap towards realising the
ideal of a Uniform Civil Code set out in Article 44. But in another case, Delhi
Development Horticultural Employees’ Union v Delhi Administration, AIR 1992
SC 789 the Supreme Court said that the government did not have any obligation
to provide regular employment to people who were rendered jobless once the
government had ended any of its employment schemes. Two steps forward, one
step back?
The report card, therefore, is mixed. There are more red marks than distinctions.
Why do you think this has happened?
Maybe, just maybe, the problem lies in the fact that most of us think that the
responsibility for creating a true welfare state, in which all the people of the
country can live in conditions that support their growth and development, is that
of the government alone. The solution to this though is obvious – we have to
stop thinking of this as somebody else’s responsibility, and start taking actions
to remedy the wrongs we see. In the words of the Father of the Nation: “Be the
change you want to see in the world.”
If we believe in and work towards realising the ideals set out in our Directive
Principles of State Policy, we will not only have believed in, but actually made
true, innumerable impossible things before the day of Indian democracy has
faded out.
5.7 FUNDAMENTAL DUTIES

Now that we have a better and clearer idea of what fundamental rights and
directive principles are, we move ahead to another crucial feature of the Indian
Constitution- the fundamental duties. As studied in the earlier units, Part III of
the Constitution confers certain fundamental rights to its citizens and other
35
Rights and Duties individuals, and Part IV imposes certain directives on the State to follow whilst enacting
laws. However, the individual cannot just have rights and expect the State to abide by
the directives while doing nothing to protect and promote the integrity and unity of a
nation as a good citizen. This was the very purpose of the fundamental duties- to
confer upon every citizen some specific responsibilities that naturally accompany the
extension of certain freedoms. Fundamental Duties were incorporated into the
Constitution by the Forty-Second Amendment in 1976. Part IV-A of the Constitution
enlists the Fundamental Duties in Article 51A, which lays down that it is the duty of
every citizen of India -
to abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem,
to cherish and follow the noble ideals which inspired our national Struggle
for freedom,
to uphold and protect the sovereignty, unity and integrity of India,
to defend the country and render national services when called upon to do
so,
to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities, to renounce practices derogatory to the dignity of women ,
to value and preserve the rich heritage of our composite culture,
to protect and improve the natural environment including forests, lakes, rivers
and wild life, and to have compassion for the living creatures,
to develop the scientific temper, humanism and the spirit of inquiry and
reform,
to safeguard public property and to adjure violence,
to strive towards excellence in all spheres of individuals and collective activity
so that the nation constantly rises to higher levels of endeavour and
achievement.
As a result of the 86th Amendment of 2002, an additional duty was added to the
existing ones. Article 51 A (k) requires every citizen of India who is a parent or
a guardian, to provide opportunities for education to his child, or, as the case
may be, ward, between the ages of six and fourteen years.
Very few constitutions of the world specifically provide for the duties and
obligations of citizens. Among Socialist countries, the Yugoslavian and Soviet
Constitutions lay great emphasis on citizens’ duties. Among the democratic
constitutions, the Japanese Constitution mentions certain duties of its citizens.
In Australia, Britain and Canada the rights and duties of citizens are governed by
the Common law and its judicial decisions. A mere passing reference of duties is
found in the French Constitution whereas no reference to duties is found
whatsoever in the American Constitution. This, however, does not mean that
citizens of these countries are free to be undemocratic in their behaviour. If we
could imbibe the importance of our elementary duties and obligations through
education, then not listing the duties in the Constitution may not affect/ hinder
their implementation. Realising the importance of the role of education in creating
this awareness, the Supreme Court in M.C. Mehta (2) v Union of India1 , (1988)
1 SCC 471 held that under Art 51-A (g) it is the duty of the Central Government
36
to introduce compulsory teaching of lessons on the protection and improvement of the Directive Principles of State
natural environment in all educational institutions of the country. The Court also Duties
suggested spreading awareness of cleanliness by conducting cleanliness programmes
in villages, towns and cities.
It should be remembered that Art. 51A does not contain any provision for the
enforcement of duties, and this unenforceability, as with directive principles,
has been considered a major drawback. However, we have seen judicial reforms
that have helped the situation improve, and responsibilities being enforced.
People hardly abide by the Constitution because they hardly follow the law.
How many of us obey traffic rules? Our public telephone booths and bus stops
are often vandalized, and most of our historical monuments have become
canvasses for crude graffiti. We see injustice being done to our fellowmen at
work, in market places and on streets, and all that we do is to stand there as silent
spectators. When we want to be heard, riotous behaviour is our immediate
approach. Environmental awareness needs to be worked hard on. Disposal of
domestic and industrial waste in rivers, piles of plastic bags at every nook and
corner are just a few problems we face today. Smuggling of our art specimen is
rampant. Trade in animal parts is, despite stringent laws, a full-fledged industry.
Being a social animal, a human being lives for the good of himself/herself as
well as of others. It is this knowledge of what is right and wrong that makes an
individual responsible to oneself and to society, and this knowledge can only be
inculcated by imbibing and clearly understanding one’s citizenship duties. The
fundamental duties are the foundations of human dignity and national character.
If every citizen performs his duties irrespective of considerations of caste, creed,
colour and language, much of the malaise of present day polity could be contained,
if not eradicated, and the society as a whole uplifted. Rich or poor, obedience to
citizenship duty, at all costs and risks, is the essence of civilized life.
Active participation in the governance process is important for a successful

democratic republic. If citizens continue to ignore their responsibilities and fail
to discharge their duties, a democratic republic will soon fall weak.
4) What is the rationale behind including Fundamental Duties?
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5.8 SUMMARY
The Directive Principles are like a set of ideals, or goals, that each government
should try and fulfil. The Directive Principles can also be seen as a check
upon the arbitrary use of State power. Though they are not enforceable in a
1
(1983) 1 SCC 471 37
Rights and Duties court of law, and we cannot file a case against the government for not being able
to realise the ideals of the Directive Principles, they are far from meaningless.
They ensure stability and consistency in the country’s development.
The Directive Principles are in Part IV of our Constitution. They identify a number
of inequalities that exist in Indian society, and direct the government of the day to
work towards eliminating these inequalities. These inequalities could be between
men and women, between the rich and the poor, or between people born into
different castes. The Directive Principles also show the path to preserving our
heritage, and building a brilliant future by projecting India as a leader on the
global stage.
The Directive Principles must be read together with the Fundamental Rights, and
the ideals under both have to be protected and realised. It is not as if one must go
for the survival of the other – the doctrine of harmonious construction evolved by
the Indian courts has provided a clear method of doing this.
We have had a mixed record of realising these ideals, and there is still a lot of
work left to be done before we can say that the mission of the Indian State in
realising these Directive Principles of State Policy has been accomplished. The
responsibility for doing this is not only that of the government of the day, but also
ours, as responsible citizens of our country.
The very purpose of the fundamental duties is to confer upon every citizen some
specific duties to balance their rights. Fundamental Duties were incorporated
into the Constitution by the Forty-Second Amendment in 1976. Later on, with
the Eighty Sixth Amendment in 2002, one more duty of providing every child
with opportunities of education was added to the existing duties. Part IV-A of
the Constitution thus enlists eleven fundamental duties in Article 51A.
These duties are confined to citizens, and the Indian Constitution is amongst
those few constitutions in the world that specifically enlist fundamental
duties. By the very nature of these duties, they are not enforceable by law.
However, over the years, the judicial and legislative practices have laid great
emphasis on their sincere performance.

1) One criticism that is often levied against the Directive Principles of State
Policy is that since they are not enforceable, they are meaningless, and serve
no purpose whatsoever. Do you think this is true? What purpose do the
Directive Principles of State Policy serve in our Constitution?
2) Suppose the government of a state passes law banning the slaughter of all
milch and draught cattle below the age of seven years. The Butchers’
Association of that state files a writ petition, claiming that their Fundamental Right
to freedom of trade, profession, occupation and business under Article 19(1)(g)
has been violated. Do you think the law is valid? Try and provide detailed reasons
for your decision

38
Self-assessment Questions Directive Principles of State
Duties
1) The Directive Principles provide ideals or goals for the government to work
toward. The Directive Principles give direction and purpose to the
government policies and help the citizen to judge the performance of the
government. It is true that one cannot go to court to enforce the Directive
Principles in the same way as the Fundamental Rights. It is also true that a
failure to achieve any of the Directive Principles would not automatically
disqualify a government from office. However, this does not mean that they
are meaningless.
2) Though the Indian judiciary was reluctant at first to allow any restrictions
on the Fundamental Rights on the grounds of achieving the Directive
Principles, this attitude has changed with time. The courts have evolved the
doctrine of harmonious construction, under which they try and balance the
ideals of the Directive Principles and the Fundamental Rights. The position
now is that a restriction on a Fundamental Right may be allowed in order to
achieve a Directive Principle of State Policy, if certain basic conditions are
met, such as that there was no way of achieving the Directive Principle
other than by placing a restriction on the Fundamental Right.
3) There are two ways of answering this question:
We can try and take each Directive Principle in turn, and then see if it has
been realised in India today. This approach will show us a mixed response:
child labour is far from eradicated, but untouchability is much less prevalent
now than it was a few decades ago, and the scheduled caste and scheduled
tribe community is a powerful force in Indian politics. Successive Indian
governments, therefore, have had mixed results from this perspective.
The other way of examining this issue is by looking at the development of

the Indian State in the decades since Independence. Though different political
parties have been in power, and though these parties may have had very
different ideologies and goals, the Directive Principles of State Policy have
remained a constant guiding star to the person in power, and have been
extremely successful in ensuring the continuous development of the Indian
welfare state.
4) Fundamental Duties are listed in Article 51A of Part IV of the Constitution

of India. These duties are confined only to the citizens of India. The aim of
inserting fundamental duties is to remind the citizens about their duty towards
the country. The fundamental duties expect the citizen to become responsible
and strive towards the overall development of the nation. India is among
the few nations of world to specifically provide for fundamental duties.
However, these duties are not enforceable by law. The courts have broadly
interpreted the duties and have clearly stated that fundamental duties are no
less important than fundamental rights.
Terminal Questions
1) Refer to Sections 6.3 and 6.6
39
Rights and Duties
H.M. Seervai, Constitutional Law of India (New Delhi: Universal, 4th ed.
2005).
40
UNIT 6 CONSTITUTIONAL REMEDIES Policy and Fundamental
Duties
Structure
6.1 Introduction
6.2 Objectives
6.3 Article 32
6.4 The Writs
6.4.1 Habeas Corpus
6.4.2 Mandamus
6. 4.3 QuoWarranto
6.4.4 Prohibition
6.4.5 Certiorari
6.5 Article 226
6.6 Summary
6.1 INTRODUCTION
“If I was asked to name any particular Article in this Constitution as the most
important – an Article without which this Constitution would be a nullity – I
could not refer to any other Article except this one. It is the very soul of the
Constitution and the very heart of it.” Dr. Ambedkar on Article 32 during the
Constituent Assembly Debates1
Part III of our constitution gives us certain fundamental rights. As you know, a
right without an effective remedy is meaningless and a worthless declaration. A
right becomes meaningful only if it can be enforced through a court of law.
Hence, our constitution makers provided a remedy for the enforcement of our
fundamental rights in the constitution itself. The right to move the Supreme
Court where a fundamental right has been infringed is itself a fundamental right.
It is a constitutional remedy which has been guaranteed by the Constitution.
In order to provide an effective and accessible mechanism for the protection of
fundamental rights, our constitution confers power on both, the Supreme Court
and the High Courts, to grant effective and speedy remedies whenever such rights
are violated. This power conferred on the high courts under Article 226 is broader
in scope as a high court can be approached ‘for any other purpose’ too. This
means that a high court can also determine if any other legal right has been
infringed, apart from a fundamental right.
The courts can issue any order, direction or writ in a case under Articles 32/226.
A Writ Petition is a very effective method for seeking enforcement of fundamental
rights. What is a writ? We will, in this Unit, discuss the powers of the Supreme
Court and High Courts under Articles 32 and 226 respectively, and the various
writs that are available for enforcement of our fundamental rights.
1
Mahendra P. Singh ed, V.N. Shukla’s Constitution of India 318 (Lucknow: Eastern Book
Company, 11th ed. 2008). 41
Rights and Duties
6.2 OBJECTIVES
explain the various writs;
apply your understanding of writs to develop strategy for enforcement of a
fundamental right in a given fact situation.
6.3 ARTICLE 32
Article 32 (1): “The right to move the Supreme Court by appropriate
proceedings for the enforcement of the rights conferred by this Part is
guaranteed.”
The effect of the word ‘guaranteed’ in clause (1) of Article 32 is that the right to
move the Supreme Court, when a fundamental right has been infringed, is itself
a fundamental right. The Supreme Court is the guarantor and protector of
fundamental rights. The following consequences flow from this guarantee:
i) Supreme Court is the guarantor and protector of fundamental rights and it is
the duty of the Supreme Court to grant relief under Article 32 where a
fundamental right has been violated.
ii) The right cannot be suspended except under national emergency declared
under Article 359.
iii) An aggrieved person can approach the Supreme Court directly. He need not
move a High Court.
iv) Availability of alternate remedy is not a bar to the relief under Article 32.
v) The right under this Article cannot be abrogated or taken away by any
legislation.
In order to make this guarantee more meaningful, as a majority of Indians can
not access the court for reasons, such as, poverty and ignorance, the Supreme
Court has interpreted the expression ‘appropriate proceedings’ in clause (1) of
Article 32 liberally. The court has construed it to mean any proceeding for the
enforcement of a fundamental right. Therefore, the ‘appropriateness’ of a
proceeding under this Article is determined by the purpose for which the
proceeding is initiated, which is enforcement of fundamental rights.
According to the traditional rule, also known as the Rule of Locus Standi, the
right to move the court for judicial redressal was available to only those whose
legal right or legally protected interest has been infringed. No one other than the
person whose right is infringed could move the court.
In the early eighties, the Supreme Court relaxed the rule of locus standi to enable
a public spirited citizen to approach the court for the enforcement of the
fundamental rights of persons who due to reasons, such as, poverty and ignorance
could not approach the court. In cases, such as, People’s Union for Democratic
Rights v Union of India2 , the Supreme Court ruled that in the event of a public
wrong or public injury, any member of the public acting in good faith can approach
the Court on behalf of those persons who have suffered the wrong and are unable
2
42 AIR 1982 SC 1473
to petition the court due to their socially and economically disadvantageous Constitutional Remedies
position.This procedural relaxation benefited groups, such as, undertrial prisoners
and bonded labourers who otherwise would not have been able to approach the
court for enforcement of their fundamental rights.
The Supreme Court, in Bandhua Mukti Morcha v Union of India3 , said that the
requirement of appropriateness in clause (1) of Article 32 must be judged in the
light of the purpose for which the proceeding is to be taken, namely, enforcement
of a fundamental right. In this case, which dealt with the release of bonded
labourers, the court held that the word ‘appropriate’ does not refer to any form
but to the purpose of the proceeding. Therefore, as long as the purpose of the
proceeding is enforcement of the fundamental rights of poor, disabled or ignorant
by a public spirited person, even a letter to the court can be regarded as an
‘appropriate proceeding’.
The relaxation of the rule of locus standi is a major step in so far as it led to the
growth of Public Interest Litigation (PIL). Public Interest Litigations at the instance
of public spirited citizens for the enforcement of fundamental or other legal
rights of any person or group of persons are now regularly considered by the
Supreme Court and the High Courts. Now, the judicial remedies for the
enforcement of fundamental rights have been liberally construed to even treat a
letter written to the court as a writ petition. Use of such innovative techniques by
the Supreme Court has, to some extent, made the Constitution more relevant to
a greater number of people.
The Supreme Court, under Article 32, has passed many judgments in favour of
the public at large, as a result of Public Interest Litigations. Some of the issues
taken up by the court are:
Bonded labour
Protection against inhuman treatment in prisons
Child welfare
Protection of ecology and prevention of environmental pollution
We will discuss public interest litigation in detail in Unit 11 in Block 4 of this
course. Let us now move on to the writs that courts can issue when a fundamental
right is infringed.
6.4 THE WRITS

Clause (2) of Article 32 empowers the Supreme Court to issue appropriate
directions, orders or writs for the enforcement of any fundamental right. The
writs enumerated are Habeas Corpus, mandamus, prohibition, quo warranto
and certiorari. These five writs were known as the prerogative writs in the English
law. In England, writs were issued in the exercise of the King’s prerogative power
of superintendence over the due observance of law by his officials and were
issued by the Court of King’s Bench.
The writs, together, provide for judicial remedies to cover a wide range of
violations that may need to be redressed. However, the court is not bound to
issue only these writs. The court can issue any other order or direction to provide
appropriate relief in the particular facts of the case.
3
AIR 1984 SC 802 43
Rights and Duties
Certiorari
Habeas
Prohibitions
Corpus
Writs
Quowarranto Mandamus
Figure 6.1: Kinds of Writs
1) What is the importance of Article 32 in the Indian Constitution?
.............................................................................................................
.............................................................................................................
.............................................................................................................
2) Name the five types of writs that courts may issue?
.............................................................................................................
.............................................................................................................
.............................................................................................................
6.4.1 Habeas Corpus

Meaning
The word Habeas Corpus is a Latin term which literally means ‘you may have
the body.’
Let us suppose that one evening Anuj was going for his guitar class, when a riot
broke out. He got mixed up with some rioters in the middle of the street. The
police while controlling the rioters began arresting people at the scene. Anuj too
was arrested for no fault of his. He was detained in the police custody wrongfully
and illegally. In this case, Anuj or any person on his behalf can move the court
under Art 32. The court can issue a writ of habeas corpus in the form of an order
44
calling upon the policemen to question their authority to detain Anuj and to
produce him before the court. If the court finds out that Anuj has been wrongfully Constitutional Remedies
detained, the court will issue an order for Anuj’s release.
Thus, habeas corpus is a writ issued in the form of an order calling upon the
person by whom another person is detained to bring that person before the court
and to let the court know by what authority he has detained that person. If the
cause shown discloses that, the detained person has been detained illegally, the
Court will order that he be released. Whoever has detained any person has to
show the court the reasons as to why he has detained the person and whether
such a detention is legal. If he is unable to show that the detention is legal then
the person so detained will be released immediately. The person detained or his
relative or his friend or any other person interested can move the court for the
writ of Habeas Corpus.
Object
The object is to secure the production of an individual before a court or judge.
This writ aims to give quick and immediate remedy to a person, who is unlawfully
detained by another person or authority. This is a protection or remedy given to
any person who is deprived of his freedom.
Though the traditional function of the writ of habeas corpus has been to get the
release of a person unlawfully detained or arrested, the Supreme Court has
widened its scope. Now it is not necessary to produce the body of the individual
who has been unlawfully detained. For example, the Supreme Court has permitted
the use of Habeas Corpus for protecting various liberties of prisoners i.e. to
prevent inhuman and cruel treatment meted out to the prisoners in jail. Here the
Supreme Court did not require that the prisoners should be produced before it.
This writ is being increasingly used to prove allegations of dowry death and in
cases involving custody of children. For instance, in one case, A marries M without
revealing anything about his past. After some days, M is tortured for dowry and
killed. A son born to them is taken away by his maternal grandparents as there is
no one to look after him. A files a habeas corpus petition in the court in order to
have custody of his child. The court considering the child’s welfare and A’s past
criminal record denies the custody of the minor son to A4 .
This writ is of remedial nature and is not used as an instrument of punishment.
That is, the object of the Writ is not to punish anything illegal but to release
anyone who has been illegally imprisoned or detained. If the illegal detention
has ceased before this writ would be issued then the writ will not apply.
Compensation
While issuing the writ of Habeas Corpus, the Court can award compensation.
Since the writ of habeas corpus is remedial in nature, the Supreme Court has
said that it can award compensation to the party aggrieved in appropriate cases
and not in every case. For instance, in one case, the Supreme Court awarded
Rupees thirty thousand as compensation to a person who had spent 14 years in
jail because of the irresponsible behaviour of the State government authorities.
The authorities had received an order to release that person from jail, but due to
their negligence he was not directed to be released from jail5 .
4
Nil Ratan Kundu & Anr. v Abhijit Kundu 2008 (11) SCALE 437
5
Rudul Shah v Union of India. 45
Rights and Duties In another case, a group of policemen take away a youth from his home without
giving any reasons for the same. He does not return to his home for a couple of
days. His family is not informed of the place where he is kept in police custody.
Despite repeated attempts to get his son released, the father of the boy files a
habeas corpus petition in the court. The father alleges that his son was not
traceable as he had been killed in a fake encounter by the police. His son had
been taken into illegal custody as no reasons were given for withholding his son
for so long in detention. The Court ordered an inquiry and it was established that
the youth had indeed been killed in a fake encounter by the police. The Court
awarded Rupees five lakhs as compensation to the aggrieved father6 .
The Right to move the Supreme Court is a fundamental right. The legislature
cannot deprive any person from this right except during proclamation of
emergency. Even during emergency, a writ of habeas corpus can be filed for the
enforcement of fundamental rights guaranteed under Article 21 (Right to Life
and Personal Liberty) and Article 22 (Protection against Arrest and Detention)
of the Constitution.
Mere delay in filing this writ will not disentitle any person interested from filing
this writ. However, once filed, the writ is required to be heard and disposed off
expeditiously.
6.4.2 Mandamus
Meaning
Mandamus is the most valuable and essential remedy in the administration of
justice.
Mandamus means ‘we command’ or ‘we order’. Who is this commanding or

ordering authority? It is the Supreme Court and can be the High Courts in some
occasions. Mandamus is an order issued by a court to an authority directing it to
perform a public duty imposed upon it by the Constitution or by any other law in
force for the time being. It is a judicial remedy which can be issued to any kind
of authority exercising functions of a public nature. These authorities can be a
government, corporation, subordinate court or public authority having a public
duty.
Object
The main object of this Writ is to compel the performance of public duty and to
keep the public authorities within the limits of their jurisdiction while exercising
their functions. Mandamus can be issued to enforce a legal right or a liability
imposed on an authority. The affected person must have demanded justice and it
must have been refused by the concerned authority. It should be noted that the
writ can be issued directing some person or authority to do a certain thing or to
abstain from doing something.
Let us take the case of Dr. P Venugopal, a renowned and internationally acclaimed
cardio-vascular surgeon, who was the Director of All India Institute of Medical
Sciences (AIIMS). But due to a legislation enacted in 2007 called AIIMS
(Amendment) Act, 2007, he was made to leave his office before the completion
6
46 Malkiat Singh v State of U.P. AIR 1999 SC 1522
of his term of five years (almost eight months before he would have actually Constitutional Remedies
completed his tenure). AIIMS is a statutory body wholly financed by the
government of India. Therefore the aggrieved petitioner filed a writ petition under
Article 32. He contended that the proviso is patently targeted at a specific person
and intended to affect him only. The Supreme Court held that a particular section
of the legislation was unconstitutional and that Dr. Venugopal should be allowed
to hold his office as a director till his tenure is completed 7 .
The writ, however, cannot be issued to interfere with domestic matters of any
private person or institution, for example, the relationship of a master and his
domestic help. It can be issued when a state agency refuses to release public
information or a judge of a subordinate court refuses entry to the reporters to a
public trail. These are the duties of public nature that the concerned authorities
should follow and obey.
Earlier, only the person who was affected by the act of the public authority could
seek mandamus. But now this rule has been changed enabling any person to ask
for a mandamus directing the public authorities to perform their duties, as a
matter of public interest.
Continuing Mandamus
There may be cases involving dereliction of a public duty by a public authority
requiring constant and continuous monitoring by the court to ensure that the
concerned public authority implements the orders/directions issued by the court
from time to time. This is increasingly happening in several public interest
litigations, for example, cases concerning environmental pollution. In such cases,
the Supreme Court has said that ‘continuous mandamus’ can be issued, to enable
regular monitoring by the court.
In Vineet Narain’s case8 , where the Supreme Court was dealing with alleged
hawala transactions involving counterfeit stamp paper, the court has said that a
continuing mandamus can be issued to monitor the progress of investigation.
The court directed the setting up of the Central Vigilance Commission (CVC)
which is entrusted with the responsibility of superintendence over the CBI’s
functioning and to whom the CBI reports about cases taken up by it for
investigation; progress of investigations; cases in which charge sheets are filed
and their progress.
3) A school has asked Manoj’s father to pay certain amount of fees violating
the state made law. Advice Manoj’s father on the available remedy.
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
7
P. Venugopal v UOI (2008) 5 SCC 1)
8
Vineet Narain & Ors. v Union of India & Anr. [(1998) 1 SCC 226] 47
Rights and Duties 6.4.3 Quo Warranto
Meaning
The term Quo Warranto literally means ‘what is your authority’. By this writ, a
holder of an office is called upon to show to the Court under what authority he
holds the office. If the inquiry leads to the finding that the holder of the office
has no valid title to it, the court will pass an order preventing the holder from
continuing in office and declare the office vacant. Thus, in other words, a writ of
Quo Warranto can be issued to prevent a person from holding an office which he
is not legally entitled to hold. The office in question must be independent, of a
public nature, and should not be a private authority or post.
The appointment of an officer who possesses actual qualifications and has been
rightfully chosen in accordance with the law is referred to as de jure appointment.
By the term ‘De Jure’, we mean in accordance with law. But if an officer, although
he possesses the, but has not been appointed in accordance with the law, then his
appointment will be de facto. That is, he is occupying the post only by fact and
not according to the provisions of law.
For example, if an officer is appointed by the appointing authority, then he should

be given an appointment letter as evidence of such appointment. But, suppose,
an officer is told by a senior official to start working on the post to which he is
appointed even before the appointment letter is issued, then the authority he
holds is de facto.
Object
The objective of this writ is to control executive action in matters of appointments
to public offices.
For long the practice in India had been to appoint the senior most judge of the
Supreme Court as the Chief Justice. In 1973, the government departed from this
practice and appointed Justice A N Ray, who ranked fourth in the order of seniority,
as the Chief Justice. The three judges who were bypassed resigned in protest.
This raised a hue and cry in the country and the government was accused of
tampering with the independence of the judiciary. The appointment of the new
Chief Justice was challenged in the Delhi High Court through a petition asking
the court to issue a writ of quo warranto, under Article 226, on the grounds that
the appointment was – (i) malafide (ii) against the rule of seniority inherent in
Art. 124(2) and (iii) the mandatory consultative process envisaged in Art. 124
(2) had not been resorted to9 .
6.4.4 Prohibition
Meaning
This writ can be issued by a superior court to a inferior court, including a quasi-
judicial authority, for the purpose of compelling the lower court to keep within
its jurisdiction and not do anything which is out of its jurisdiction. It can be
issued when:
9
P N Lakhanpal v A.N.Ray AIR 1975 Del 66
48
The judicial or quasi judicial authority has acted under an incorrect or invalid Constitutional Remedies
law.
The authority has acted beyond its jurisdictional limits.
The judge of the inferior court has acted illegally.
The principles of natural justice are not followed.
The matter in question should be pending consideration by the lower court and
should not have been finally disposed off.
Object
The object of the writ, as the name suggests, is to prohibit the body concerned
from proceeding with the matter further.
Earlier, the writ of Prohibition was issued only to judicial or quasi-judicial bodies.
But, now this is being used even to prevent abuse of power by public authorities.
For example, the court can prohibit a local council from licensing indecent films.
6.4.5 Certiorari
Meaning
Certiorari means ‘to certify’. A superior court can issue an order to a lower court
or any quasi-judicial authority to investigate and decide if the orders passed by
them are valid and legal. A writ of Certiorari, like the writ of Prohibition, can be
issued only if the following conditions exist:
o The judicial or quasi-judicial authority has acted under an incorrect or invalid
law.
o There is a jurisdictional error. That is, if the authority has acted beyond its
limits.
o If the judge of the inferior court has acted illegally.
o If the principles of natural justice are not followed.
Object
If a judicial or quasi-judicial body acts in excess of its jurisdiction then its decisions
can be cancelled by superior courts by issuing the writ of certiorari.
4) Sahana has made a list of the salient features of each writ but there is a
slight problem. While working on these salient features, she forgot to
categorise them under specific heads. Can you help her sort out the list
by putting relevant feature under the relevant writ?
a) The holder of an office is called upon to ask the authority under
which he holds the office.
b) An authority in question neglects or refuses to perform a particular act
c) There must be some kind of restraint on the liberty of movement of
the person.
d) The person confined must have been illegally kept in custody of
another. There should be no law by which the person is kept in custody.
e) There must be a legal duty which must be imposed on the authority
to perform the act and that authority must have breached such duty.
49
Rights and Duties
6.5 ARTICLE 226
Under Article 226, High Courts have been given the power, concurrent with the
Supreme Court, to issue a direction, order or writ for the enforcement of
fundamental rights. However, one can approach a High Court to seek relief for
‘any other purpose’ too. Where a legal wrong or legal injury is caused to a person
or to a group of persons because of violation of any constitutional or legal right,
then, such a person or group of persons can apply for an appropriate order,
direction or writ in the High Court under Article 226.
Can one approach any high court for enforcement of a right against the central
government? Initially, under Article 226, a high court could issue an order/writ
only against authorities within its territorial jurisdiction. This led to an anomalous
situation where an aggrieved person could not go to a high court for enforcement
of a fundamental right against the central government located in New Delhi. The
fifteenth amendment to the Constitution rectified this situation. Now if the cause
of action arises within the territory of a high court, the court can entertain a case
under Article 226.
Can a high court refuse to entertain a case under Article 226?

It is well established that the remedy provided for in Article 226 of the Constitution
of India is a discretionary remedy. The High Court has the discretion to grant
such a relief and also has the discretion to refuse to grant such a relief in certain
circumstances even though a legal right might have been infringed. The court
can refuse on certain grounds, such as, presence of alternative remedy, delay in
approaching the court and suppression of facts.
The High Court may refuse to exercise its jurisdiction under Article 226 if an
alternative remedy is available. The rule of exhaustion of a remedy should be
observed before invoking jurisdiction under Article 226. By this, we mean that
all alternative remedies should be resorted to before approaching the High Court
under Article 226. Thus, where it is open to the aggrieved person to move another
tribunal, the High Court normally will not entertain a petition under Article 226.
These are, however, only discretionary principles and the court can ignore them
depending on the facts of the case.
The principle, however, does not apply to the enforcement of fundamental rights
either under Article 32 or under Article 226 of the Constitution. Writs discussed
above are also available under Article 226.
5) What is difference between Art 32 and Art 226 of the constitution?
................................................................................................................
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50
Constitutional Remedies
6.6 SUMMARY
Let us now sum up this Unit.
The Supreme Court and High Courts have a very critical major role as the
guardian and protector our Fundamental Rights.
If the Fundamental Rights of any individual are violated then there is a
remedy in our Constitution itself. The right to approach the Supreme Court
for enforcement of a fundamental right is itself a fundamental right.
The five types of writs that courts may issue are:
a) Mandamus b) Certiorari c) Quo Warranto
d) Prohibition e) Habeas Corpus
This constitutional remedy can be availed of by seeking the appropriate writ
from the court.
Even if others’ rights are violated, as concerned citizens or as ‘Public spirited’
citizens, we can seek redressal by filing Public Interest Litigation.

1) Explain the five writs by relating them to the purpose they are expected to
serve.

1) Art 32 ensures that even the Supreme Court is bound by the constitution to
see that none of the fundamental rights of the citizens are encroached. This
makes Art 32 in itself a fundamental right.
2) The five types of writs that courts may issue are:
a) Mandamus b) Certiorari c) Quo Warranto
d) Prohibition e) Habeas Corpus
3) Manoj’s father may approach the state High Court and request the court for
a writ of Mandamus
4) a) Quo Warranto; b) Mandamus; c) Habeas Corpus; d) Habeas Corpus;
e) Mandamus
5) Under Art 32, the Supreme Court can issue any writ but under Art 226 only
the High Courts are authorised to do so. Also the nature of powers under
Art 226 available to the High Court is broader than what is available to the
Supreme Court, as Art 226 allows write to be issued for ‘any other purpose’
also.
Terminal Questions

51
Rights and Duties
H.M. Seervai, Constitutional Law of India (New Delhi: Universal, 4th ed. 2005).
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A right without remedy is worthless. A right is meaningful only when it can be

Presumably, your answer to each of these situations would be a resounding ‘No!’

4.3 NATURE AND SCOPE OF OUR

Figure 4.1: Role of Judiciary

4.4 WATCHING THE WATCHMEN: WHOM DO WE

The Government and the Parliament of India – which would include

The Government and Legislature of each state – which would include

Local Authorities within the territory of India – such as a zilla panchayat,

ii) Air India:

iii) The All India Institute of Medical Sciences:

iv) The Indian Institutes of Technology (IITs):

Fundamental rights include:

4.6 IS ABSOLUTE EQUALITY DESIRABLE?

Do you feel such discrimination is fair? It is hard to say yes!

‘Equal treatment of equals and unequal treatment among unequals.’

Islamic Academy Foundation v State of Karnataka3 , AIR 2003 SC 3724, where

This amendment too proved controversial. Recently in Ashoka Kumar Thakur v

Figure 4.2: The Concept of Equality under our Constitution

The provisions relating to equality are contained in Articles 14-18 of the

iv) A law that levies a special tax on only one individual.

v) Preventing people below the age of 18 from voting in general elections.

4.7 BE ALL YOU WANT TO BE: THE VARIOUS

4.8 BREAKING THE SHACKLES: PROTECTION

4.9 HIGHER DEVELOPMENT: RELIGIOUS,

The freedom of speech and ........................................................

The freedo m t o form ........................................................

The freedom to reside in any ........................................................

The freedom of trade, ........................................................

4.11 A WHOLESOME AND COMPLETE LIFE: THE

4.12 THE HEART OF OUR FUNDAMENTAL

Finally, we read about the Right to Constitutional Remedies under Article

4.14 TERMINAL QUESTIONS

4.15 ANSWERS AND HINTS

4.16 REFERENCES AND SUGGESTED READINGS

5.3 NATURE AND SCOPE OF THE DIRECTIVE

However, if the government is already in power, what can we do if we do not

5.4 THE DIRECTIVE PRINCIPLES AS A

Privileged Sections of Society

Women Children Poor Scheduled Castes/Tribes

A tricky question, indeed!

The landscape of our country is dotted with historical monuments. We have a

5.5 JUGGLING PRIORITIES

How would you decide this case?

What is the extent of the restriction? Is it absolute, or partial? If the restriction

What purpose is the government trying to achieve through that law? Is it to

5.6 EVALUATING OUR PERFORMANCE

5.7 FUNDAMENTAL DUTIES

Active participation in the governance process is important for a successful

5.9 TERMINAL QUESTIONS

5.10 ANSWERS AND HINTS

The other way of examining this issue is by looking at the development of

4) Fundamental Duties are listed in Article 51A of Part IV of the Constitution

1) Refer to Sections 6.3 and 6.6

2) Refer to Section 6.5

6.4 THE WRITS

Figure 6.1: Kinds of Writs

6.4.1 Habeas Corpus

Mandamus means ‘we command’ or ‘we order’. Who is this commanding or

For example, if an officer is appointed by the appointing authority, then he should

Can a high court refuse to entertain a case under Article 226?