Rights and Duties in Indian

Lesson 3 Constitution
What are Rights? .............................................................. 2 Criticism of Fundamental Rights in Indian
Rights under Indian Constitution ..................................... 2 Constitution ........................................................... 22

Fundamental Rights ............................................. 3 Duties of an Indian Citizen ................................. 23

Overview of Fundamental Rights ............................. 3 List of fundamental duties ..................................... 24

Article 12: Definition of State................................... 5 Features and significance of Fundamental duties . 25

Article 13: Laws inconsistent with or in derogation Criticisms of Fundamental duties .......................... 25
of the Fundamental rights ....................................... 5 Directive Principles of State Policy ..................... 27
Article 14: Equality before law ................................. 5 Constitutional Provisions ....................................... 28
Article 15: Prohibition of Discrimination on Certain Critical evaluation of directive principles .............. 31
Grounds .................................................................... 7 Fundamental Rights vs. Directive Principles .......... 31
Article 16: Equality of Opportunity in matters of Certain directive outside Part IV of the Constitution
Public Employment .................................................. 8 ............................................................................... 32
Article 17: Abolition of Untouchability .................... 9 MCQs for practice .......................................................... 33
Article 18: Abolition of Titles..................................10 Answer Writing Practice ................................................ 36
Article 19: Protection of certain rights regarding Answers & Explanation .................................................. 37
freedom of speech, etc. .........................................10
Article 20: Protection in Respect of Conviction for
Offences .................................................................13
Article 21: Protection of life and personal liberty..13
Article 21A: Right to Education ..............................15
Article 22: Protection against arrest and detention
in certain cases .......................................................15
Article 23: Prohibition of Traffic in Human Beings
and Forced Labour .................................................16
Article 24: Prohibition of employment of children in
factories, etc...........................................................16
Article 25: Freedom of conscience and free
profession, practice and propagation of religion...17
Article 26: Freedom to manage religious affairs ....17
Article 27: Freedom from Taxation for Promotion of
a Religion ................................................................18
Article 28: Freedom from Attending Religious
Instruction ..............................................................18
Article 29: Protection of Interests of Minorities ....18
Article 30: Right of Minorities to Establish and
Administer Educational Institutions.......................18
Article 32: Right to constitutional remedies ..........19
Article 33: Armed forces and fundamental rights .20
Article 34: Restriction on rights when martial law is
in force in any area.................................................20
Article 35: Legislation to give effect to the
provisions of this Part ............................................21
Significance of Fundamental Rights .......................22
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WHAT ARE RIGHTS?
A right is described as an entitlement or justified
claim to a certain kind of positive and negative
treatment from others, to support from others or
non-interference from others.
▪ Rights are one of the most important conditions
of social life without which no individual can
generally realize his best self.
▪ These are the essential conditions for health of
both the individual and his society.
- When people get and enjoy rights, they can
develop their personalities and contributes
their best services to the society.
▪ Rights are the products of social living and
represents claims of the individuals against the
state.
▪ Rights can be of various kinds with overlapping
relationship.
- A single right can fall into various categories
of rights.
- Right to life is a natural right, human right as
well part of fundamental rights in several
modern-day States.
NATURAL RIGHTS
They are the basic set of rights which people inherit
from the nature. In simple words, Natural rights are:
“Rights which persons possess by nature that is
without the intervention of the agreement, or in the
absence of political and legal institution.”
▪ Political theories mentions that an individual
enters into society with certain basic rights and
that no Government can deny these rights.
▪ The modern idea of natural rights grew out of the
ancient and medieval doctrines of natural law.
▪ Right to equality is one important Natural right.
MORAL RIGHTS
Moral Rights based on human sense of goodness
and justice. They are guided by human
consciousness.
▪ Moral Rights include rules of good conduct,
courtesy and of moral behaviour.
▪ Moral rights not enforced by the force of law.
HUMAN RIGHTS
Any human being as a part of humanity is entitled to
have certain rights and the state must take
necessary steps for their protection.
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▪ According to Heywood:
“Human rights are rights to which people are
entitled by virtue of being human. They are,
therefore, universal rights in the sense that they
belong to all human beings rather than to members
of any particular nation, race, religion, gender, social
class or whatever.”
▪ They specify the minimum conditions for human
dignity and a tolerable life.
▪ Human rights are also fundamental in that they
are inalienable, they cannot be taken away.
▪ Human Rights are evolved out of self-respect.
▪ Rights such as life, liberty and freedom from
torture are categorised as human rights.
CONSTITUTIONAL RIGHTS
All rights that have been conferred to the citizens
and enshrined in the Constitution of a country are
said to be Constitutional Rights.
▪ In Indian Constitution, these rights include
fundamental rights under Part III as well as
other rights mentioned outside Part III.
- So, in India, all fundamental rights are
Constitutional rights but not vice versa.
- For example, right to vote or universal adult
suffrage is Constitutional right guaranteed in
our Constitution under Article 326.
LEGAL RIGHTS
Legal rights are those rights which are accepted and
enforced by the state.
▪ Violation of any legal right is punished by law.
▪ Law courts of the state enforce legal rights.
▪ These rights can be enforced against individuals
and also against the Government. It includes:
- Civil rights, which provide opportunity to
each person to lead a civilized social life.
- Political rights, by virtue of which
inhabitants get a share in the political
process.
- Economic rights, which provide economic
security to the people.
RIGHTS UNDER INDIAN
CONSTITUTION
Rights of an individual in Indian Constitution are
divided into categories:
 1. Fundamental Rights, which are justiciable in
nature, are incorporated in Part III of Indian
Constitution.
2. Directive Principles, which are non-
justiciable, are mentioned in separate Part
IV.
3. Other Constitutional Rights
▪ The fundamental rights and directive principles
follows the preambular assurance of justice,
equality, liberty, and fraternity.
FUNDAMENTAL RIGHTS
The fundamental rights are enshrined in Part III of
the Constitution from Articles 12 to 35.
▪ These rights represent the crystallization of the
values and concepts held dear in India’s varied
and rich cultural heritage.
▪ They are provided by the Constitution to all
persons without any discrimination.
Article 14-
•Right to Equality
18
Article 19-
•Right to Freedom
22
•Right against exploitation
Article 23-
24
Article 25-
•Right to freedom of Religion
28
Article 29-
•Cultural and Educational Rights
30
•Right to Constitutional Remedies
Article 32
▪ The Right to property (Article 31) was deleted
from the list of fundamental rights by the 44th
Constitutional Amendment Act, 1978.
▪ It was made a legal and Constitutional right
under Article 300 (A) in Part XII of the
Constitution.
OVERVIEW OF FUNDAMENTAL RIGHTS
SOURCE
They are inspired from the Bill of Rights of the
American Constitution.
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▪ Also, in India, the leaders of the freedom
movement had realised the importance of rights
and demanded that the British rulers should
respect rights of the people.
▪ The Motilal Nehru committee had demanded
a bill of rights as far back as in 1928.
WHY FUNDAMENTAL?
The word fundamental suggests that these rights are
so important that the Indian Constitution has
separately listed them and made special provisions
for their protection. So, they are fundamental as:
▪ These Rights are provided and protected by the
Constitution of the country.
▪ They are most essential for the all-round
development of the individuals.
▪ They are the claims of the citizens against the
State.
▪ They are part of the basic structure of Indian
Constitution.
While Ordinary rights may be changed by the
legislature by ordinary process of law making, but a
fundamental right may only be changed by
amending the Constitution itself.
UTILITY OF FUNDAMENTAL RIGHTS
Fundamental Rights are meant for promoting the
ideal of political democracy.
▪ They uphold the equality of all individuals, the
dignity of the individual, the larger public
interest and unity of the nation.
▪ They prevent the establishment of an
authoritarian and despotic rule in the country.
▪ They represent the values and aspirations that
should guide all the citizens of India.
FEATURES OF FUNDAMENTAL RIGHTS
COMPREHENSIVE AND DETAILED
▪ The Rights enumerated in the Part III of the
Constitution are very elaborate.
- Each Article has been described with its
scope and limitations.
QUALIFIED, NOT ABSOLUTE
▪ Fundamental Rights are not absolute or
unlimited rights.
- They are qualified with limitations and
reasonable restrictions in the collective
interest of the society.
- The reasonableness of the limitations will be
decided by the Courts.
JUSTICIABILITY OF RIGHTS
▪ They are justiciable, allowing persons to move ▪ Protection of language, ▪ Right against
the courts for their enforcement, if and when script, and culture of exploitation
minorities (Articles 23–24)
they are violated.
(Article 29)
- They are defended and guaranteed by the
Supreme Court. ▪ Right of minorities to ▪ Right to freedom of
establish and administer religion
▪ However, when they are violated the aggrieved
educational institutions (Article 25– 28)
person can either move to High Court or (Article 30)
Supreme Court for remedies.
SUSPENSION OF RIGHTS
ENFORCEABILITY OF RIGHTS
▪ They can be suspended during the operation of
Most of the fundamental rights are self-executory in
a National emergency except the rights
nature while a few of them can be enforced on the
guaranteed by Articles 20 and 21.
basis of a law made for giving effect to them.
▪ Article 19 can be suspended only when
▪ Such laws can only be made by the Parliament
emergency is declared on the grounds of war or
not State legislatures.
external aggression.
▪ This is done to ensure uniformity in their
▪ Also, their application can be restricted while
application.
martial law is in force in any area.
FUNDAMENTAL RIGHTS ARE AMENDABLE
NEGATIVE IN CHARACTER
▪ Parliament has the power to amend any part of
▪ They place certain limitations on the authority
the Constitution including fundamental rights.
of the State.
- This can be done without affecting the ‘basic
▪ However few rights confers certain privileges to
structure’ of the Constitution.
the persons.
▪ Parliament can curtail or repeal any of the
fundamental right but only by a Constitutional SPECIAL RIGHTS FOR MINORITIES
Amendment Act and not by an ordinary Act. Constitution guarantees some special rights to the
▪ So, while having very high utility, these rights are minorities of various kinds.
not sacrosanct or immutable. ▪ Cultural and educational rights have been
granted to them.
WIDE SET OF BENEFICIARIES
▪ It abolishes untouchability and makes it a crime.
▪ Some of the fundamental rights in our
▪ It has also granted special protections to
Constitution are available only to the citizens.
women, children, and the weaker sections of
▪ While others are available to all persons whether
society.
citizens, foreigners or legal persons like
corporations or companies. SUBJECTED TO EXCEPTIONS
Available to citizens only Available to citizens and The arena of fundamental rights has been narrowed
foreigners down by subsequent Amendments which added
▪ Prohibition of ▪ Equality before law certain exceptions in the form of Article 31 A, 31 B
discrimination on various and equal protection and 31 C.
grounds of laws
(Article 15) (Article 14)
▪ Equality of opportunity in ▪ Protection in respect Most of them are available against the arbitrary
matters of public of conviction for action of the State, with a few exceptions like those
employment offences against the State’s action and against the action of
(Article 16) (Article 20) private individuals.
▪ Protection of six rights ▪ Protection of life and
regarding freedom of : personal liberty
1. Speech and (Article 21)
expression, ▪ Right to elementary
2. Assembly, education
3. Association, (Article 21A)
4. Movement, ▪ Protection against
5. Residence, and arrest and detention
6. Profession in certain cases
(Article 19) (Article 22)

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QUESTION
Q. A British Citizen staying in India cannot claim
Right to: (UPSC 1999)
(a) Freedom of trade and profession
(b) Equality before the Law
(c) Protection of life and personal liberty
(d) Freedom of Religion
Answer: A
QUESTION
Q. Which one of the following statements is
correct? (UPSC 2017)
(a) Rights are claims of the State against the
citizens.
(b) Rights are privileges which are incorporated in
the Constitution of a State.
(c) Rights are claims of the citizens against the
State.
(d) Rights are privileges of a few citizens against
the many.
Answer: C
ARTICLE 12: DEFINITION OF STATE
In this Part III, the definition of State includes:
1. Government and Parliament of India
2. Government and the Legislature of each of the
States
3. All local authorities like District boards,
Municipalities and Panchayats
4. All other authorities within the territory of India
or under the control of the Government of India.
- It also include any authority or body of
persons which has the power to issue orders,
rules and regulations having the force of
law.
- Even a private body, can be covered under
‘other authorities’ if it is entrusted with
some public service responsibility as an
agency of State.
- For example, Life Insurance Corporation of
India, ONGC, Airports Authority comes under
the definition of State.
▪ However, Supreme Court held that a body like
the Council of Scientific and Industrial Research,
registered under the Societies Registration Act,
was not a ‘state’.
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It is the actions of all above mentioned agencies that
can be challenged in the courts for violating the
Fundamental Rights.
ARTICLE 13: LAWS INCONSISTENT
WITH OR IN DEROGATION OF THE
FUNDAMENTAL RIGHTS
Article 13 declares that all laws that are inconsistent
with or in derogation of the fundamental rights shall
be void.
▪ The power has been conferred on the Supreme
Court and the high Courts to declare a law
unconstitutional and void if it is inconsistent with
any of the fundamental rights.
▪ It provides for the doctrine of ‘Judicial review’
and the definition of ‘law’.
JUDICIAL REVIEW
Judicial review is the power of the judiciary to examine the
constitutionality of legislative enactments and executive
orders of both the Central and State Governments.
▪ On examination, if they are found to be violative of the
Constitution, they can be declared as illegal,
unconstitutional, and invalid (null and void) by the
judiciary.
▪ The term ‘law’ in Article 13 includes the
following:
1. Any Ordinance, Order, Byelaw, Rule,
Regulation, Notification, Custom or usage
having the force of law;
2. Laws passed or made by a Legislature or
other competent authority in the territory of
India.
▪ It is important to note that a Constitutional
Amendment is not a law under Article 13 of the
Indian Constitution.
- So, it cannot be challenged on the grounds
that it violates the fundamental rights.
- However, in the Kesavananda Bharati case
(1973), Supreme Court clarified that:
“A Constitutional Amendment can be challenged on
the ground that it violates a fundamental right that
forms a part of the ‘Basic structure’ of the
Constitution.”
Rights under Article 14-18 are known as “Right to
Equality”.
ARTICLE 14: EQUALITY BEFORE LAW
It states that, “the State shall not deny to any person
equality before the law or the equal protection of
the laws within the territory of India”.
EQUALITY BEFORE THE LAW
▪ The concept of ‘equality before law’ is an
element of the concept of ‘Rule of Law’ of British
origin. As a negative concept it connotes:
1. No person is above the law. There is absolute
supremacy of law as opposed to arbitrary
powers.
2. Every person is subjected equally to ordinary
laws of the land.
3. There is no special privileges for anyone.
QUICK FACT
The Concept of ‘Rule of Law’ was propounded by A.V. Dicey,
the British jurist. It contains the following three elements:
1. Absence of Arbitrary Power.
- Justice must be done through the known principles
of law, as opposed to arbitrariness or wide
discretionary powers in the hands of the
Government.
2. Equality before the Law.
3. Primacy of the rights of Individual.
- However, in India primacy of the rights flows from
the Constitution.
▪ It is a negative concept in the sense that it denies
the State to discriminate between individuals,
on arbitrary basis.
▪ The Supreme Court held that the concept of
‘Rule of Law’ is a basic feature of Constitution.
EQUAL PROTECTION OF THE LAWS
▪ Equal protection of the laws owes its origin to
American Constitution. It is a more positive
concept which connotes :
1. Right to equality of treatment in equal
circumstances, both in the privileges
conferred and liabilities imposed by the
laws.
2. Among equals, the law should be equal and
equally administered.
3. Like should be treated alike without any
discrimination.
▪ Further, because all persons are not, by nature,
attainment, or circumstances are in the same
positions; Article 14 provides that state can treat
different persons differently if circumstances
justify such treatment.
▪ This allows categorization of people, provided
there is ‘reasonable’ basis of classification.
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▪ As this Article refers to ‘person’, so it includes
citizens, foreigners, and other legal persons, like
statutory corporations, companies, registered
societies etc.
QUESTION
Q. Which of the following are regarded as the
main features of the "Rule of Law"? (UPSC 2018)
1. Limitation of Powers
2. Equality before law
3. People's responsibility to the Government
4. Liberty and civil rights
Select the correct answer using the code given
below:
(a) 1 and 3 only
(b) 2 and 4 only
(c) 1, 2 and 4 only
(d) 1, 2, 3 and 4
Answer: C
EXCEPTIONS TO EQUALITY
The rule of equality before law has following
Constitutional and other exceptions to it:
FOR EXECUTIVES
▪ The President of India and Governor of States
enjoy the following immunities (Article 361):
1. The President or the Governor are not
personally responsible to any court for the
exercise and performance of their powers,
while in office.
2. No court can issue arrest warrants for the
President as well as Governor, while in
office.
3. No criminal proceedings can be started or
continued against the President, or the
Governor of a State, in any court during his
term of office.
4. Civil proceedings against the President or
Governor for things done by him in his
personal capacity can be done only with a
prior 2 months’ notice.
▪ No MP / MLA can be held responsible in any
court for their votes in the legislatures /
anything said by them in their respective
legislatures.
GENERAL EXCEPTION
▪ No person can be held liable for civil or criminal
action for publication in media of a significantly
true report of proceeding in legislatures of
Centre or State.
▪ Article 31-C is an exception to Article 14.
FOR OUTSIDERS
▪ The foreign sovereigns (heads), ambassadors
and diplomats enjoy immunity from criminal and
civil proceedings.
▪ The United Nation organisation and its agencies
enjoy the diplomatic immunity in India.
ARTICLE 15: PROHIBITION OF
DISCRIMINATION ON CERTAIN
GROUNDS
Article 15 states that:
1. 15 (1): The State shall not discriminate against
any citizen on grounds only of religion, race,
caste, sex, and place of birth or any of them.
2. 15 (2): No citizen shall, on grounds only of
religion, race, caste, sex, place of birth or any of
them, be subject to any disability, liability,
restriction, or condition with regard to;
(a) access to shops, public restaurants, hotels,
and places of public entertainment;
(b) the use of wells, tanks, bathing ghats, roads
and places of public resort maintained
wholly or partly out of State funds or
dedicated to the use of the general public.
IMPORTANT ANALYSIS
▪ The use of word ‘only’ is significant in Article 15.
- It implies that the discrimination on any
other ground is not prohibited.
▪ While Article 15 uses the word ‘discrimination’,
it did not defined it. In simple words it connotes
‘to make an adverse distinction.’
EXCEPTION TO RULE OF NON-DISCRIMINATION
These exceptions are mentioned in the Article 15
itself in provisions 15 (3) and 15 (4).
▪ State can make any special provision for women
and children.
- For example, reservation of seats for women
in Panchayats.
▪ State can make special provision for the
advancement of any socially and educationally
backward classes of citizens or for the scheduled
castes and scheduled tribes.
93RD AMENDMENT ACT OF 2005
▪ 15 (5): The State can make special provision for
the:
(a) Advancement of any socially and
educationally backward classes of citizens,
or
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(b) For the scheduled castes and scheduled
tribes regarding their admission to
educational Institutions including private
one.
- However, it is not applicable minority
Institutions.
▪ The Constitution doesn’t define which social
categories constitute the ‘socially and
educationally backward classes’.
GOVERNMENT RESPONSE
▪ Centre enacted the Central Educational
Institutions (Reservation in Admission) Act,
2006, providing a quota of 27% for candidates
belonging to the Other Backward Classes (OBCs)
in all Central higher educational institutions.
JUDICIAL RULING
In 2008, the Supreme Court directed the Central
Government to exclude the ‘creamy layer’
(advanced sections) among the OBCs while
implementing the law.
103 RD AMENDMENT ACT OF 2019
This Act provides for:
▪ Article 15 (6) to provide reservations to
economically weaker sections (EWS) for
admission to educational institutions including
private educational institutions, whether aided
or unaided by the State, other than the minority
educational institutions.
- The amendment aims to provide reservation
to those who do not fall in 15 (5) and 15(4)
(effectively, SCs, STs and OBCs).
▪ This 10% reservation is in addition to the existing
reservations.
ELIGIBILITY CRITERIA FOR EWS
1. Persons whose family has gross (income from all
sources) annual income is below Rs. 8 lakh.
2. Persons whose family is having any one of the following
set of assets (all property held by family is clubbed) is
included:
- Less than 5 acres of agricultural land.
- Less than 1000 sq. ft of residential flat.
- Less than 100 sq. yards of residential plot in
notified municipalities.
- Less than 200 sq. yards of residential plot in areas
other than the notified municipalities.

QUESTION
Q. Prohibition of discrimination on grounds of
religion etc. (Article 15 of the Constitution of
India) is a Fundamental Right classifiable under
(UPSC 1995)
(a) The Right to freedom of Religion
(b) The Right against Exploitation
(c) The Cultural and Educational Rights
(d) The Right to Equality
Answer: D
ARTICLE 16: EQUALITY OF
OPPORTUNITY IN MATTERS OF PUBLIC
EMPLOYMENT
As per the Article 16:
1. 16 (1): There shall be equality of opportunity for
all citizens in matters relating to employment or
appointment to any office under the State.
2. 16 (2): No citizen shall, on grounds only of
religion, race, caste, sex, descent, place of birth,
residence, or any of them, be ineligible for, or
discriminated against in respect or, any
employment or office under the State.
EXCEPTIONS TO THIS ARTICLE
These exceptions are mentioned in the Article 16
itself in provisions 16 (3), 16 (4) and 16 (5).
▪ Residence can be allowed as a condition for
employment for public offices of States/UT/local
bodies by an act of Parliament.
▪ Reservations of appointments or posts can be
made for backward classes not adequately
represented in State services.
▪ Parliamentary law can allow members of a
religious body to be of that religion only.
MANDAL COMMISSION
The President appointed a Backward Class
Commission in December 1978 under the
chairmanship of B. P. Mandal.
▪ It had to determine the criteria for defining
India’s “socially and educationally backward
classes” and to recommend steps to be taken for
the advancement of those classes.
▪ Commission through collection of the data &
evidence identified castes that are socially,
educationally, and economically backward.
▪ The Commission concluded that India’s
population consisted of approximately 52
percent OBCs, excluding SCs and STs, therefore
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27% of Government jobs should be reserved for
them.
RESERVATION
The objective of reservation as envisioned by the founding
fathers of the Constitution was to ensure social justice by
giving special status to backward castes as they were
denied equal opportunities for generations and required
special assistance to catch up with the other forward castes.
GOVERNMENT’S RESPONSE
1. In 1990 the V P Singh Government declared
reservation of 27% Government jobs for OBCs.
- After this, the total reservation for all (OBCs,
SCs and STs) increased to 50%.
2. In 1991, P. V. Narasimha Rao Government
brought few changes in reservation pattern:
- Within the 27% quota to OBCs, preference
would be given to the poorer sections of
OBCs for reservation.
- Additional 10% reservation quota is
introduced for economically backward
sections of uncovered castes.
JUDICIAL SCRUTINY
In the Indra Sawhney Case of 1992 (also known as
Mandal Case), the Supreme Court uphold this 27%
quota for backward classes with certain conditions
like:
▪ The advanced sections among the OBCs (the
creamy layer) should be excluded from the list of
beneficiaries of reservation.
▪ No reservation in promotions (as of now).
▪ The total reserved quota should not exceed 50%
except in some extraordinary situations.
▪ The ‘carry forward rule’ is held valid in case of
backlog vacancies subject to the limit of 50%.
▪ No reservation for economically backward
sections of uncovered castes.
GOVERNMENT RESPONSE
1. Ram Nandan Committee was appointed to
identify the creamy layer among the OBCs. It
submitted its report in 1993, which was
accepted.
2. National Commission for Backward Classes was
established in 1993 by an Act of Parliament.
3. 77th Constitutional Amendment Act, inserted
Clause 4A in Article 16, which enables the state
to make any law regarding reservation in
promotion for SCs and STs.
- However, the SC in 1990s restored the
seniority of General candidates once
promoted at par with the SC/ST candidates
 who got quick promotions ahead of their
batch mates.
4. However, 85th Constitutional Amendment Act,
2001 gave back “consequential seniority” to
SC/ST promotees.
CONSEQUENTIAL SENIORITY
Consequential seniority allows reserved category
candidates to retain seniority over general category peers.
▪ If a reserved category candidate is promoted before a
general category candidate because of reservation in
promotion, then for subsequent promotion the
reserved candidate retains seniority.
▪ For example:
- Consider that Person X, belonging to the General
Category, currently holds Level 1 of a Government
post.
- Another person Y, appointed under the Scheduled
Caste quota, is junior to X in Level 1.
- When promotions to Level 2 are to be decided, let
us assume further, that due to reservations in
promotions Y has to be promoted to Level 2 before
X because there are no Scheduled Caste candidates
at a seniority similar to that of X.
- The question that then arose was whether X would
regain seniority over Y when he is promoted to
Level 2 in due course.
- ‘Consequential Seniority’ means that X will not
regain her seniority and Y will now be considered
senior to X within Level 2.”
M. NAGARAJ VS. UNION OF INDIA CASE 2006
In this case, Supreme Court has upheld the state’s
decision to extend reservation in promotion for SCs
and STs.
▪ However, the court has also asked the State to
provide data on following three parameters:
1. Data on the Backwardness of the class
enjoying the benefit of reservation.
2. Data of Inadequate representation of
SCs/STs in the position/service for which
reservation in promotion is to be granted.
3. How such reservations in promotions would
affect/further administrative efficiency?
▪ However, in 2019, in a ruling, Supreme Court
turned down the requirement of data on first
parameter.
103 RD AMENDMENT ACT OF 2019
This Act provides for:
▪ Article 16 (6) to provide reservations to
economically weaker sections (EWS) in
Government jobs.
- The Amendment aims to provide reservation
to those who do not fall in other categories
(effectively, SCs, STs and OBCs).
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ARTICLE 17: ABOLITION OF
UNTOUCHABILITY
As per the Article 17:
1. Untouchability is abolished and its practice in
any form is forbidden, and
2. The enforcement of any disability arising out of
untouchability shall be an offence punishable in
accordance with law.
▪ The objective of this Article was to end the
inhuman practice of treating certain fellow
beings as untouchable by reason of their birth in
certain caste.
▪ The Supreme Court has held that this right is
available against private individuals and it is the
Constitutional duty of the State to take
necessary steps to see that this right is not
violated.
The Untouchability (Offences) Act, 1955 later
modified to read as the Protection of Civil Rights Act
(1955), declares the following acts as offences:
1. Preventing any person from entering any place
of public worship or from worshipping therein;
2. Justifying untouchability on any grounds;
3. Denying access to any shop, hotel or places of
public entertainment and refusing to sell goods
or render services to any person;
4. Insulting a person belonging to scheduled caste
on the ground of untouchability;
5. Refusing to admit persons in hospitals,
educational institutions or hostels established
for public benefit;
6. Preaching untouchability directly or indirectly.
▪ The term ‘Untouchability’ has not been defined
either in the Constitution or in the Act.
- It is assumed that the word has a well-known
connotation that refers to the social
disabilities imposed on certain classes of
persons by reason of their birth in
certain caste.
▪ It is important to note that if a person is
convicted of the offence of ‘untouchability’, he
shall be disqualified for election to the Union or
a State legislature.

QUESTION
Q. Match List I (Articles of the Constitution of
India) with List II (Provision) and select the
correct answer using the codes given below the
lists (UPSC 2004)
List I (Articles of List II (Provisions)
Indian Constitution)
A. Article 14 1. The State shall not
discriminate against any citizen
on ground only on religion, race,
caste, sex place of birth or any of
term.
B. Article 15 2. The State shall not deny to any
person equality before the law or
the equal protection of laws
within the territory of India.
C. Article 16 3. Untouchability is abolished
and its practice in any form is
forbidden.
D. Article 17 4. There shall be equality of
opportunity for all citizens in
matters relating to employment
or appointment to any office
under the state.
Codes: A B C D
(a) 2 4 1 3
(b) 3 1 4 2
(c) 2 1 4 3
(d) 3 4 1 2
Answer: C
ARTICLE 18: ABOLITION OF TITLES
‘Title’ is something that attached with one’s name as
an appendage, like Rai bahadur or Maharaja.
▪ This Article abolishes ‘Titles’ and makes
following provisions:
1. 18 (1): No title, not being an academic or
military distinction, shall be conferred by
State.
2. 18 (2): No citizen of India shall accept any title
from any foreign state.
3. 18 (3): A foreigner holding any office of profit
or trust under the State cannot accept any
title from any foreign State without the
consent of the President.
4. 18 (4): No person holding any office of profit
or trust under the State shall, without the
consent of the President, accept any present,
emolument, or office of any kind from or
under any foreign State.
IMPORTANT POINTS
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▪ Supreme Court in 1996 upheld the
Constitutional validity of the National Awards—
Bharat Ratna, Padma Vibhushan, Padma
Bhushan and Padma Shri.
- They are not violative of Article 18 as the
theory of equality does not mandate that
merit should not be recognised.
NATIONAL AWARDS
In 1954, the Government of India introduced National
awards or decorations (in the form of medals) of four
categories, namely, Bharat Ratna, Padma Vibhushan,
Padma Bhushan and Padma Shri.
▪ Bharat Ratna was to be awarded for ‘exceptional
services towards the advancement of Art, Literature
and Science’, and in recognition of public services of the
higher order.
- The recommendations for Bharat Ratna are made
by the Prime Minister himself to the President. No
formal recommendations are necessary.
▪ Other three are awarded for “distinguished public
service in any field, including services rendered by the
Government servant”, in order of the degree of the
merit of their service.
- The nomination process is open to the public. Even
self-nomination can be made.
▪ This Act does not bars Academic Institutions to
confer titles or honours by awarding the men of
merit.
▪ Similarly, the State is not debarred from
awarding military distinctions like Major etc.
QUESTION
Q. In the Indian Constitution, the Right to
Equality is granted by five Articles. They are
(UPSC 2002)
(a) Article 16 to Article 20
(b) Article 15 to Article 19
(c) Article 14 to Article 18
(d) Article 13 to Article 17
Answer: C
The Rights under Article 19-22 are classified as
“Right to Freedom”.
ARTICLE 19: PROTECTION OF CERTAIN
RIGHTS REGARDING FREEDOM OF
SPEECH, ETC.
Article 19 guarantees to all citizens the six essential
rights. These are
1. Right to freedom of speech and expression.
 2. Right to assemble peaceably and without
arms.
3. Right to form associations or unions or co-
operative societies.
4. Right to move freely throughout the territory
of India.
5. Right to reside and settle in any part of the
territory of India.
6. Right to practice any profession or to carry on
any occupation, trade, or business.
▪ Earlier, it also contains the ‘Right to property’,
but later it was deleted by the 44th Constitutional
Amendment Act of 1978.
▪ These six freedoms are recognised as the
‘natural rights inherent in the status of a
citizen’.
▪ The State can impose ‘reasonable’ restrictions
on the enjoyment of these six rights only on the
grounds mentioned in the Article 19 itself and
not on any other grounds.
- The restrictions should not be arbitrary or
excessive in nature.
- The responsibility of proving reasonableness
to the satisfaction of Courts lies with the
State.
▪ These six rights are protected against only the
state actions and not private individuals.
▪ These rights are available only to the citizens not
foreigners. Also, shareholders, who are citizens
also have these six rights.
RIGHT TO FREEDOM OF SPEECH AND
EXPRESSION
It implies that every citizen has the right to express
his views, opinions, belief, and convictions freely by
word of mouth, writing, printing, picturing or in any
other manner.
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This right includes the following:
•Right to propagate one’s views as well as views of
others.
•Freedom of the press.
•Freedom of commercial advertisements.
•Right against tapping of telephonic conversation.
•Right to telecast
•Right against bundh called by any organisation.
•Right to know about government activities.
•Freedom of silence.
•Right against imposition of pre-censorship on a
newspaper.
•Right to demonstration or picketing but not right
to strike.
Grounds of Reasonable Restrictions on
this Right:
• Sovereignty and integrity of India
• Security of the state
• Friendly relations with foreign states
• Public order
• Decency or morality
• Contempt of court
• Defamation
• Incitement to an offence.
▪ This right is a sine qua non of the functioning of
democratic polity as it offers scope for debate
and discussion.
▪ By providing the reasonable restrictions a
balance should be maintained between freedom
of speech and expression and public decency
and morality.
▪ Flying of National flag, casting of vote (voter
expresses its choice by casting vote), right to
information (voter’s right to know assets of a
candidate so as to cast his/her choice) are
integral to freedom of expression.
RIGHT TO FREEDOM OF ASSEMBLY
The Constitution guarantees right to hold meetings
and take out processions. The processions and
meetings should be unarmed and peaceful.
▪ An assembly declared unlawful can be validly
banned and can be dispersed.

Grounds of Reasonable Restrictions on
this Right:
• Sovereignty and integrity of India
• Public order including the maintenance of traffic in
the area concerned.
▪ Under Section 144 of Criminal Procedure Code
(1973), a Magistrate can restrain an assembly,
meeting, or procession if:
1. There is a risk of obstruction, annoyance or
danger to human life, health, or safety.
2. A disturbance of the public tranquillity or a
riot or any affray.
▪ Under Section 141 of the Indian Penal Code, the
assembly of five or more persons can be declared
unlawful if it is aimed:
1. To resist the execution of any law or legal
process.
2. To forcibly occupy the property of some
person.
3. To commit any mischief or criminal trespass.
4. To force some person to do an illegal act.
5. To threaten the government or its officials on
exercising lawful powers.
RIGHT TO FREEDOM OF ASSOCIATION
The Constitution declares that all citizens will have
the right to form Associations or Unions or Co-
operative societies.
This right includes the following:
• Right to continue with the association or union.
• Right of not to form or join an association or
union.
Grounds of Reasonable Restrictions on
this Right:
• Sovereignty and integrity of India,
• Public order
• Morality.
▪ The Supreme Court held that the trade unions
have no right to strike or right to declare a lock-
out.
▪ Right to obtain recognition of the association is
not a fundamental right.
▪ The Associations under this provisions include
political parties, societies, clubs, companies,
organisations, partnership firms, trade unions
and other similar body of persons.
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RIGHT TO FREEDOM OF MOVEMENT
Every Citizen can move from one state to another
and anywhere within a state.
▪ He/she is free to move within the country’s
territories without restrictions (Internal
Freedom).
Grounds of Reasonable Restrictions on
this Right:
• Interests of general public
• Protection of interests of any scheduled tribe.
▪ The Supreme Court held that the freedom of
movement of prostitutes can be restricted on
the ground of public health and in the interest of
public morals.
▪ Restrictions to protect the interests of the
Scheduled tribes have been provided keeping in
view mostly the aboriginal tribes which have
their own distinct culture, language, and
customs.
RIGHT TO FREEDOM OF RESIDENCE
Every citizen has the right to reside and settle in any
part of the territory of the country.
This right includes the following:
• Right to reside in any part of the country. It
includes temporary stay.
• Right to settle in any part of the country on
permanent basis.
Grounds of Reasonable Restrictions on
this Right:
• Interests of general public.
• Protection of interests of any schedule tribe.
▪ The Supreme Court held that certain areas can
be banned for certain kinds of persons like
prostitutes and habitual offenders.
▪ Restrictions on movements of person afflicted
by AIDS have been upheld by Bombay HC.
RIGHT TO FREEDOM OF PROFESSION
All citizens are given the right to practise any
profession or to carry on any occupation, trade, or
business.
▪ The right to carry on a business includes the right
to close it any time the owner likes.
- Thus, no citizen can be compelled to carry on
business against his will.
▪ The only ground of reasonable restrictions on it
is the interests of general public.
- This freedom is not applicable for trade or
business in noxious, hazardous, immoral, or
dangerous goods like;
a. Intoxicating drugs or liquors
b. Adulterated foods
c. Indulging in trafficking in women or children.
▪ The State is also empowered to:
1. Prescribe professional or technical
qualifications necessary for practising any
profession or carrying on any occupation,
trade, or business.
2. Carry on by itself any trade, business,
industry whether to the exclusion of citizens
or otherwise.
▪ So, the State is competent to nationalise any
business wholly or partially by excluding it for all
citizens.
- The state is not required to justify its trade
monopoly.
MAINS QUESTION
Q. What do you understand by the concept
“freedom of speech and expression”? Does it
cover hate speech also? Why do the films in India
stand on a slightly different plane from other
forms of expression? Discuss.
(UPSC Mains 2014)
MAINS QUESTION
Q. Examine the scope of Fundamental Rights in
the light of the latest judgement of the Supreme
Court on Right to Privacy.
(UPSC Mains 2017)
ARTICLE 20: PROTECTION IN RESPECT
OF CONVICTION FOR OFFENCES
This Article has taken care to safeguard the rights of
persons accused of crimes. It contains three
provisions:
NO EX-POST-FACTO LAW
▪ No person shall be:
(a) Convicted of any offence except for violation
of a law in force at the time of the
commission of the act charged as an offence.
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(b) Subjected to a penalty greater than that
which might have been inflicted under the
law in force at the time of the act.
However, this limitation is imposed only on criminal
laws and not on civil laws or tax laws.
▪ Thus, the legislatures are prohibited to make
criminal laws with retrospective effect.
▪ This immunity cannot be claimed against
preventive detention or demanding security
from a person.
▪ Similarly, the immunity is granted only in cases
of conviction for criminal offences, not the
trials.
NO DOUBLE JEOPARDY
▪ No person shall be prosecuted and punished for
the same offence more than once.
It is available only in proceedings before a court of
law or a judicial tribunal not departmental ones.
- Thus, a Government servant prosecuted and
convicted by a court of law can nonetheless
be punished again under departmental
proceedings for the same offence and vice
versa.
NO SELF-INCRIMINATION
Under common criminal laws, a person (accused of
an offence) is presumed to be innocent and need
not make any statement against his will.
▪ It is the responsibility of prosecution to prove his
guilt. These principles are embodied in Article 20
(3).
▪ Accordingly, accused person shall not be
compelled to be a witness against himself.
1. It extends only to criminal proceedings and not
to civil proceedings.
2. It does not extend to:
(a) Compulsory production of material objects
(b) Compulsion to give thumb impression,
specimen signature, blood specimens, and
(c) Compulsory exhibition of the body.
- Compulsion for production of documents is
prohibited only if the documents conveys
the personal knowledge of the accused.
- Similarly, search of premises of accused
under a search warrant and seizure of
documents are not violative of Article 20 (3).
▪ This Article is not violated when a person
volunteers evidence against himself.
ARTICLE 21: PROTECTION OF LIFE AND
PERSONAL LIBERTY
Article 21 states that no person shall be deprived of - Whether the enforcement of law followed
his life or personal liberty except according to the procedure prescribed under the law.
procedure established by law. ▪ If any of the test fails, the court will extend
▪ This right is available to citizens as well as protection to the individual against the arbitrary
foreigners. action of the executive.
▪ However, if all the above 3 tests are found to be
EVOLUTION OF THIS RIGHT
valid, the court will not apply a fourth test
▪ In the Gopalan case (1950), the Supreme Court
whether the law in question is fair, just &
held that:
reasonable.
1. The protection under Article 21 is available
only against arbitrary executive action and DUE PROCESS OF LAW
not from arbitrary legislative action. This doctrine is followed in American Constitution.
2. The ‘personal liberty’ means only liberty In simple terms it can be expressed as:
relating to the person or body of the ▪ Due process of law = Procedure established by
individual. law + law must be fair and just
This is because of the expression ‘procedure ▪ Supreme Court through its various judgements
established by law’ in Article 21. It does not has introduced it in Article 21.
questions the validity of law which has prescribed
the procedure. Judiciary has given the expression ‘Personal Liberty’
▪ In the Menaka case (1978), the Supreme Court in Article 21 the widest amplitude and it covers a
overruled its earlier judgement in the Gopalan variety of rights that go to constitute the personal
case and held that: liberties of a man like:
1. Procedure prescribed by any law should be 1. Right to livelihood
reasonable, fair and just. 2. Right to privacy
2. The protection under Article 21 is available 3. Right to shelter
not only against arbitrary executive action 4. Right to free legal aid
but also against arbitrary legislative action. 5. Right to access to Internet
3. ‘Right to life’ also includes within its ambit 6. Right to travel abroad
the right to live with human dignity and all 7. Right to free trial
those aspects of life which go to make a
man’s life meaningful, complete, and worth
MAINS QUESTION
living.
Q. Examine the scope of Fundamental Rights in
PROCEDURE ESTABLISHED BY LAW the light of the latest judgement of the Supreme
It means if Parliament (legislative body) pass a law, Court on Right to Privacy.
then the life or personal liberty of a person can be (UPSC Mains 2017)
taken off according to the provisions and
procedures of the that law.
FLAW
It does not seek whether the laws made by
Parliament is fair, just, and not arbitrary.
▪ “Procedure established by law” means a law
duly enacted is valid even if it is contrary to
principles of justice and equity.
▪ If the person’s deprivation of life and liberty is
challenged before a court of law, the Court will
apply the following 3 tests:
- Whether there exists any law that deprives
an individual of his life or liberty.
- Whether the legislature that enacted the said
law had the competence to enact such a law.

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QUESTION
Q. Right to Privacy is protected as an intrinsic part
of Right to Life and Personal Liberty. Which of the
following in the Constitution of India correctly
and appropriately imply the above statement?
(UPSC 2018)
(a) Article 14 and the provisions under the 42nd
Amendment to the Constitution.
(b) Article 17 and the Directive Principles of State
Policy in Part IV.
(c) Article 21 and the freedoms guaranteed in Part
III.
(d) Article 24 and the provisions under the 44th
Amendment to the Constitution.
Answer: C
ARTICLE 21A: RIGHT TO EDUCATION
This provision was added by the 86th Constitutional
Amendment Act of 2002. It made elementary
education a Fundamental Right.
QUICK FACT
▪ The original Constitution contained a provision for free
and compulsory education for children under Article 45
in Part IV.
▪ However, series of judicial decisions culminated in
converting a non-enforceable right to education in
Directive Principles of State Policy into an enforceable
Fundamental Right, leading to the incorporation of
Article 21-A.
▪ As per this Article it is the duty of State to
provide free and compulsory education to all
children of 6 to 14 years in such manner as the
State, may by law determine.
▪ In pursuance of Article 21A, the Parliament
enacted the Right of Children to Free and
Compulsory Education (RTE) Act, 2009.
ARTICLE 22: PROTECTION AGAINST
ARREST AND DETENTION IN CERTAIN
CASES
Article 22 grants protection to persons who are
arrested or detained.
PROVISIONS RELATED TO ORDINARY LAW
The first part of Article 22 provides specific rights to
persons who is arrested or detained under an
ordinary law (punitive detention). These rights are:
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1. The right to be informed of the grounds of
arrest.
2. The right to consult a lawyer of one’s own
choice.
3. To be produced before a nearest magistrate
within 24 hours of arrest (excluding the holidays
and time taken during the journey).
4. The period of detention cannot be beyond what
is authorized by the magistrate.
EXCEPTIONS TO ABOVE RIGHTS
▪ They apply only to an act of a criminal or quasi-
criminal nature.
▪ These safeguards are not available to an enemy
alien or a person arrested or detained under a
preventive detention law.
PROVISIONS RELATED TO PREVENTIVE DETENTION
Preventive detention means detention of a person
without trial and conviction by a court.
▪ It is for preventing the occurrence of an illegal
act and not for punishing a person for any illegal
act.
▪ This protection is available to both citizens as
well as foreigners.
▪ Such a detention is subject to the following
safeguards:
1. A person detained on the ground of suspicion
shall be detained for a maximum period of
three months.
2. If the Government seeks to detain the
arrested person beyond three months, his
detention must be authorized by an Advisory
body, comprising judges of the High Court.
3. The detained person must be informed
about the reason of his arrest, as soon as
possible.
4. The detained person must have the earliest
opportunity to present his case before the
authority of law.
EXCEPTION TO ABOVE RIGHTS
▪ The facts considered to be against the public
interest need not to be disclosed to the arrested
person.
LEGISLATIVE POWERS FOR PREVENTIVE DETENTION
Legislative powers with regard to Preventive
detention has been divided between the Parliament
and the State legislatures by the Indian Constitution.

•Defence
Parliament •Foreign Affairs
•Security of India
• Security of a state
Both
Parliament • Public order
• Maintenance of supplies
and State and services essential to
Legislature
the community.
Also, the Parliament may by law prescribe:
1. The maximum period for which any person may
in any class or classes of cases be detained under
any law providing for preventive detention.
2. Procedure to be followed by an advisory board
in an inquiry.
3. Circumstances and the classes of cases in which
a person can be detained for more than three
months without obtaining the opinion of an
advisory board.
Article 23-24 are classified as ‘Rights against
Exploitation’.
ARTICLE 23: PROHIBITION OF TRAFFIC
IN HUMAN BEINGS AND FORCED
LABOUR
Article 23 says that:
1. Traffic in human beings, begar and other similar
forms of forced labour are prohibited.
2. Any contravention of this provision shall be an
offence punishable in accordance with law.
▪ These practices militate against human dignity
enshrined in the preamble. This right is available
to both citizens and non-citizens.
▪ It protects the individual not only against the
State but also against private persons.
▪ To punish these acts, the Parliament has made
the Immoral Traffic (Prevention) Act, 1956.
IMPORTANT TERMS
BEGAR
It means compulsory work without remuneration.
▪ Under the old zamindari system, the tenants were
sometimes forced to render free service to their
landlords.
TRAFFIC IN HUMAN BEINGS
It includes:
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1. Immoral traffic in women and children, including
prostitution
2. Devadasis – mainly practised in south India.
3. Slavery
4. Selling and buying of men, women, and children
FORCED LABOUR
It means compelling a person to work against his will. It can
be physical, social, and economic compulsion.
EXCEPTION
▪ It permits the State to impose compulsory
service for public purposes (like military service
or social service) for which it is not bound to pay.
▪ However, the State is not permitted to make any
discrimination on grounds only of religion, race,
caste, or class.
IMPORTANT POINTS
▪ Courts have held that even if some
remuneration (but below the actual) is paid, the
labour may still be forced labour.
▪ The whole idea is not to allow the state or
anyone to compel a person to work against his
will.
ARTICLE 24: PROHIBITION OF
EMPLOYMENT OF CHILDREN IN
FACTORIES, ETC.
It states that no child below the age of fourteen
years shall be employed to work in any factory or
mine or engaged in any other hazardous
employment.
▪ Parliament has thus enacted Child Labour
(Prohibition and Regulation) Act, 1986.
▪ It has been amended in 2016 and renamed the
Principal Act as the Child and Adolescent Labour
(Prohibition and Regulation) Act, 1986.
QUESTION
Q. Which of the following are envisaged by the
Right against Exploitation in the Constitution of
India?
(UPSC 2017)
1. Prohibition of traffic in human beings and
forced labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in
factories and mines
Select the correct answer using the code given
below:
(a)1, 2 and 4 only
 (b)2, 3 and 4 only Enjoyment of above rights is subjected to
(c)1 and 4 only 1. Public order
(d)1, 2, 3 and 4 2. Morality and health and
Answer: C 3. Other provisions relating to fundamental
rights.

QUESTION EXCEPTIONS TO ABOVE RIGHTS

Q. Which Article of the Constitution of India says,
“No child below the age of 14 years shall be the
employed to work in any factory or mine or
engaged in any other hazardous employment”?
(UPSC 2004)
(a) Article 24
(b) Article 45
(c) Article 330
(d) Article 368
Answer: A
▪ This Article does not prohibit children’s
employment in harmless or innocent work.
Article 25-28 provides for the Rights to ‘Freedom of
Religion’.
ARTICLE 25: FREEDOM OF
CONSCIENCE AND FREE PROFESSION,
PRACTICE AND PROPAGATION OF
RELIGION
This Article guarantees to every person in India:
FREEDOM OF CONSCIENCE
▪ Right to entertain beliefs and doctrines
concerning one’s relation with his God, which
are regarded by him to be conducive for his
spiritual well-being.
RIGHT TO PROFESS, PRACTICE AND PROPAGATE
Article 25 also covers religious practices (rituals).
▪ Profess means to declare freely and openly
one’s faith and belief.
▪ Practise implies performing the prescribed
religious duties, rites and rituals and exhibiting
his religious beliefs.
▪ Propagate means to communicate the person’s
beliefs to another person.
QUICK FACT
1. Right to propagate does not include the right to convert
another person to one’s own religion.
The State is permitted to:
1. Regulate or restrict any economic, financial,
political, or other secular activity associated
with religious practice;
2. Provide for social welfare and reform or
throwing open the Hindu religious institutions
of a public character to all classes and sections of
Hindus.
3. Interfere in religious matters for rooting out
certain social evils.
- For example, in the past, the Government
has taken steps banning practices like sati,
bigamy or human sacrifice.
IMPORTANT POINT
1. Wearing and carrying of kirpans is to be included
in the profession of Sikh religion.
2. This right is available to citizens as well as non -
citizens.
3. Freedom of conscience also includes the right
not to follow any religion.
4. Right to perform tandav dance with lethal
weapons and human skulls in a public procession
was held not to be an essential religious practice
and thus can be banned.
ARTICLE 26: FREEDOM TO MANAGE
RELIGIOUS AFFAIRS
Article 26 protects collective freedom of religion. It
states that every religious denomination or any
section shall have the right:
1. To establish and maintain institutions for
religious and charitable purposes;
2. To manage its own affairs in matters of
religion;
3. To own and acquire movable and
immovable property; and
4. To administer such property in accordance
with law.
▪ Each religious denomination or organisation
enjoys autonomy in determining what rites and
ceremonies are essential.

GROUNDS OF REASONABLE RESTRICTIONS

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QUICK FACT
A religious denomination is one which satisfies following
three conditions:
(a) It should be a collection of individuals who have a
system of beliefs (doctrines);
(b) It should have a common organisation; and
(c) It should be designated by a distinctive name.
GROUNDS OF REASONABLE RESTRICTIONS
These rights are subjected to Public order, Morality,
and health.
ARTICLE 27: FREEDOM FROM
TAXATION FOR PROMOTION OF A
RELIGION
Article 27 lays down that no person shall be
compelled to pay any taxes for the promotion or
maintenance of any particular religion or religious
denomination.
▪ It prohibits the State from favouring,
patronising, and supporting one particular
religion.
IMPLICATION OF ABOVE RIGHT
It implies that:
1. The taxes can be used for the promotion or
maintenance of all religions.
- This is in tune with the concept of secularism
as equal respect for all religions.
2. It prohibits only levy of a tax and not a fee.
Therefore, fee can be levied on pilgrims to
provide them some essential service.
ARTICLE 28: FREEDOM FROM
ATTENDING RELIGIOUS INSTRUCTION
Under Article 28:
1. No religious instruction shall be provided in any
educational institution wholly maintained out of
State funds.
EXCEPTION
This provision shall not apply to an educational
institution administered by the State but
established under any endowment or trust.
2. No person attending any educational institution
recognised by the State or receiving aid out of
State funds shall be required to attend any
religious instruction or worship in that institution
without his consent.
It provides for the following rights:
1. Any section of the citizens residing in the
territory of India or any part having a distinct
language, script, or culture of its own shall have
the right to conserve the same.
2. No citizen shall be denied admission into any
educational institution maintained by the State
or receiving aid out of State funds on grounds
only of religion, race, caste, language, or any of
them.
IMPLICATIONS OF ABOVE RIGHTS
▪ Article 29 grants protection to both religious
minorities as well as linguistic minorities.
▪ This Article is not restricted to minorities only as
the use of words ‘section of citizens’ includes
both minorities as well as majority.
▪ Right to conserve the language includes the right
to agitate for the protection of the language.
ARTICLE 30: RIGHT OF MINORITIES TO
ESTABLISH AND ADMINISTER
EDUCATIONAL INSTITUTIONS
Article 30 grants the following rights to minorities,
whether religious or linguistic:
1. Right to establish and administer educational
institutions of their choice.
2. In granting aid, the State shall not discriminate
against any educational institution managed by
a minority.
3. Right to impart education to their children in
their own language.
However, the term ‘minority’ has not been defined
anywhere in the Constitution.
MODIFICATION BY 44 TH AMENDMENT ACT OF 1978
The compensation amount fixed by the State for the
compulsory acquisition of any property of a minority
educational institution shall not restrict or abrogate
the rights guaranteed to them.
EXCEPTION TO ABOVE RIGHTS
▪ The right to establish and administer educational
institutions is not absolute.
▪ It does not include the right to maladminister.
▪ State can impose conditions to ensure proper
utilization of the aid granted to them.
▪ The Freedom to appoint teachers/lecturers is
subjected to the eligibility conditions prescribed
by the State.

ARTICLE 29: PROTECTION OF

INTERESTS OF MINORITIES
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QUESTION
Q. The Constitution of India recognises
(UPSC 1999)
(a) Only religious minorities
(b) Only linguistic minorities
(c) Religious and linguistic minorities
(d) Religious, linguistic, and ethnic minorities
Answer: C
ARTICLE 32: RIGHT TO
CONSTITUTIONAL REMEDIES
Abstract declarations of fundamental rights in the
Constitution are useless unless there is the means to
make them effective.
▪ Article 32 of the Indian Constitution empowered
the Supreme Court as the defender and
guarantor of the fundamental rights of the
citizens.
▪ Thus, the right to get the Fundamental Rights
protected is in itself a fundamental right.
▪ The Supreme Court has ruled that Article 32 is a
basic feature of the Constitution.
QUICK FACT
Dr B.R. Ambedkar citing the Importance of Article
32 said that:
“If I were 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 and I am glad that the
House has realized its importance.”
▪ Article 32 contains following provisions:
1. The right to move the Supreme Court by
appropriate proceedings for the
enforcement of the rights conferred by this
Part is guaranteed.
- Supreme Court cannot refuse relief for
violation of a substantive fundamental right.
2. The Supreme Court shall have the power to
issue directions or orders or writs for the
enforcement of any of the rights conferred
by this Part.
- Only the rights under Part III are guaranteed
and can be enforced under Article 32.
3. Parliament may by law empower any other
court to exercise powers to issue directions,
orders, and writs of all kinds.
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4. The right guaranteed by this article shall not
be suspended except as otherwise provided
for by this Constitution.
- Under Article 359, the President during
national emergency can suspend the right to
move any court for the enforcement of the
fundamental rights.
▪ The rights are guaranteed by the Constitution
not only against executive action but also
against that of legislature.
▪ The jurisdiction of the Supreme Court under
Article 32 is original but not exclusive.
▪ It is concurrent with the jurisdiction of the high
court under Article 226.
IMPORTANT POINTS
▪ Supreme Court cannot refuse relief under Article 32 on
the ground that:
1. The aggrieved person may have his remedy under
ordinary law or from any other court.
2. The disputed facts have to be investigated or
evidence has to be taken before giving relief to
petitioner.
3. The petitioner has not asked for the appropriate
writ applicable in his case.
4. Person himself has not approached the court for
remedy.
▪ Writ jurisdiction of SC is different from that of HC:
1. SC can issue writs for enforcing fundamental rights
only while HC can issue writs for other purposes as
well. So, the writ jurisdiction of the Supreme Court,
in this respect, is narrower than that of high court.
2. SC cannot refuse remedy under Article 32, but HC
can refuse it under Article 226.
TYPES AND SCOPES OF WRITS
Different kinds of writs mentioned in Articles 32 and
226 of the Constitution are:
1. Habeas Corpus: ‘To have the body of’
It is an order issued by the Court to a person
who has detained another person, to produce
the body of the latter before it.
▪ The Court can thus check the legality of the
detention for taking appropriate action.
▪ The writ can be issued against both public
authorities as well as private individuals.
▪ This writ is not issued where the:
1. Detention is lawful
2. The proceeding is for contempt of a
legislature or a court
3. Detention is by a competent court
4. Detention is outside the jurisdiction of the
court.

2. Mandamus: ‘We Command’
This writ is issued by court to a public official,
public body, corporation, inferior court, tribunal
or Government asking them to perform their
duties which they have failed or refused to
perform.
▪ This writ is not issued:
1. Against a private individual or body
2. To enforce departmental instruction that
does not possess statutory force
3. When the duty is discretionary and not
mandatory
4. To enforce a contractual obligation
5. Against the President of India or the state
Governors
6. Against the Chief justice of a high court
acting in judicial capacity.
3. Prohibition: 'To forbid’
It is issued by a higher court to a lower court or
tribunal to prevent the latter from exceeding its
jurisdiction or usurping a jurisdiction that it does
not possess.
▪ The objective of this writ is to compel courts to
keep themselves within the limits of their
jurisdiction.
▪ It thus demands inactivity (not to take case
outside jurisdiction) in some cases.
▪ The writ of prohibition can be issued only against
judicial and quasi-judicial authorities.
▪ It is not available against administrative
authorities, legislative bodies, and private
individuals or bodies.
4. Certiorari: 'To be certified’
It is issued by a higher court to a lower court or
tribunal either to transfer a case pending with
the latter to itself or to squash the order of the
latter in a case.
▪ It is issued on the grounds of excess of
jurisdiction or lack of jurisdiction or error of law.
▪ Thus, while prohibition is available during
pendency of the proceedings and before the
order is made, certiorari can be issued even
after the order is made.
▪ It can be issued only against:
1. Judicial bodies
2. Quasi-Judicial Authorities
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3. Administrative authorities.
5. Quo Warranto: ‘by what authority’
It is issued by the court to enquire into the
legality of claim of a person to a public office. It
cannot be issued in cases of ministerial office or
private office.
▪ The conditions necessary for issue of this writ
are:
1. The office should be a public office.
2. It should be created by a statute or by the
Constitution itself.
3. The office must be a substantive one.
▪ The basis of this writ is that the public has an
interest to see that an unlawful claimant do not
usurp a public office.
- When challenged, the claimant is required to
present is claim to that post.
▪ Unlike the other four writs, this can be sought by
any interested person and not necessarily by
the aggrieved person.
ARTICLE 33: ARMED FORCES AND
FUNDAMENTAL RIGHTS
According to Article 33 the application of
fundamental rights to the members of:
1. Armed forces
2. Forces charged with the maintenance of public
order like Police and Paramilitary
3. Intelligence agencies and analogous services
can be restricted or abrogated by the Parliament.
▪ The expression ‘members of the armed forces’
also covers non-combatants members (like
barbers, carpenters, mechanics, cooks).
▪ The objective is to ensure proper discharge of
their duties and maintenance of discipline
amongst them.
▪ A Parliamentary law thus enacted can exclude
the Court Martials from the writ jurisdiction of
the Supreme Court and the high courts.
ARTICLE 34: RESTRICTION ON RIGHTS
WHEN MARTIAL LAW IS IN FORCE IN
ANY AREA
▪ It imposes restrictions on fundamental rights
while martial law is in force in any area within
the territory of India.

QUICK FACT
▪ The concept of martial law has been borrowed in India
from the British law. Martial law has not been defined
anywhere in the Constitution.
▪ In simple word it means ‘rule by military’.
▪ It is imposed under the extraordinary circumstances like
war, invasion, insurrection, rebellion, riot, or any
violent resistance to law to repel force by force for
maintaining or restoring order in the society.
▪ It empowers the Parliament to indemnify any
Government servant or others for any act done
by him during the maintenance or restoration of
order in any area where martial law was in force.
▪ The Act of Indemnity made by the Parliament
cannot be challenged in any court on the ground
of contravention of any of the fundamental
rights.
▪ Only the writ of habeas corpus is not suspended
during martial rule.
ARTICLE 35: LEGISLATION TO GIVE
EFFECT TO THE PROVISIONS OF THIS
PART
According to this Article:
1. Parliament shall have, and the legislature of a
State shall not have, power to make laws:
(a) With respect to any of the matters under
Article 16, Article 32, Article 33, and Article
34.
(b) Prescribing punishment for those acts which
are declared to be offences under this Part. It
includes:
- Article 17 related to untouchability
- Article 23 related to traffic in human beings
and forced labour
2. Any law in force at the commencement of the
Constitution related to any of the above matters
will continue in force until modified by the
Parliament.
RIGHT TO PROPERTY AT PRESENT
Originally, the right to property was one of the seven
fundamental rights under Part III of the Constitution.
▪ Since the commencement of the Constitution,
the fundamental right to property has been the
most controversial.
- It has caused confrontations between the
Supreme Court and the Parliament.
- It has led to a number of Constitutional
amendments.
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▪ Therefore the 44th Amendment Act of 1978
abolished the right to property as a fundamental
right by repealing Article 19(1) (f) and Article 31
from Part III.
▪ The Act inserted a new Article 300A in Part XII as
the ‘Right to Property’ making it a Legal and
Constitutional right.
GENERAL LIMITATIONS TO FUNDAMENTAL
RIGHTS
The scope of operation of fundamental rights is
limited in following three cases:
CASE 1
Article 31A, which is, saving of laws providing for
acquisition of estates, etc. on the ground of
contravention of the Article 14 and Article 19.
▪ It saves following five categories of law from
being challenged:
(a) Acquisition of estates and related rights by
the State;
(b) Taking over the management of properties
by the State;
(c) Amalgamation of corporations;
(d) Extinguishment or modification of rights of
directors or shareholders of corporations;
and
(e) Extinguishment or modification of mining
leases.
▪ This Article also provides for the payment of
compensation at market value when a person’s
cultivable land is acquired by state and the land
is within the statutory ceiling limit.
CASE 2
Article 31B, which, saves certain Acts and
Regulations included in the 9th Schedule on the
ground of contravention of any of the fundamental
rights.
NINTH SCHEDULE
The first Amendment to the Indian Constitution added the
Ninth Schedule to it.
▪ It contains a list of central and state laws which cannot
be challenged in courts. Currently, 284 such laws are
shielded from judicial review.
▪ The aim was to provide a protective umbrella to land
reforms laws to save them from being challenged in
courts.
▪ In a landmark ruling in IR Coelho vs State of Tamil Nadu,
SC ruled that the laws placed in the Ninth Schedule are
open to judicial scrutiny and that such laws do not
enjoy a blanket protection.
- So, all laws placed under Ninth Schedule after April
24, 1973 shall be open to challenge in court if they
 violated fundamentals rights guaranteed under
Articles 14, 15, 19 and 21 or the ‘basic structure’ of
the Constitution.
CASE 3
Article 31C, which provides for, saving of laws giving
effect to certain directive principles in Article 39 (b)
or (c).
▪ This Article is inserted by the 25th Constitutional
Amendment Act of 1971. It states that:
“No law that seeks to implement the directive
principles specified in Article 39 (b) or (c) shall be void
on the ground of contravention of the fundamental
rights conferred by Article 14 or Article 19”.
RIGHTS OUTSIDE PART III
They are:
1. No tax shall be levied or collected except by
authority of law (Article 265 in Part XII).
2. Freedom of Trade, commerce, and intercourse
throughout the territory of India (Article 301 in
Part XIII).
3. Universal Adult suffrage (Article 326 in Part XV).
SIGNIFICANCE OF FUNDAMENTAL
RIGHTS
Fundamental Rights are significant because:
1. They are the bedrock of democratic system,
secular principle, equality, and social justice.
2. They are necessary for the material and moral
protection of man.
3. They facilitate the establishment of rule of law
in the country.
4. They protect the interests of minorities and
weaker sections of society.
5. They act as a limit on the authority of the State.
CRITICISM OF FUNDAMENTAL RIGHTS
IN INDIAN CONSTITUTION
1. These rights are subjected to innumerable
exceptions and restrictions.
- Critics remarked that the Constitution grants
fundamental rights with one hand and takes
them away with the other.
2. They mainly consists of political rights, not social
and economic ones.
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3. Many words like ‘public order’, ‘minorities’,
‘public interest’ and so on are not clearly
defined.
4. Fundamental rights are not sacrosanct or
immutable.
- Parliament can curtail or abolish them.
5. It is alleged that the Constitution was
made by the lawyers for the lawyers.
6. These rights can be suspended during National
Emergency.
7. The critics assert that the provision for
preventive detention takes away the spirit and
substance of the chapter on fundamental rights.
RECENT ISSUES
RESERVATION FOR SC/ST IN PROMOTIONS
In the M. Nagaraj vs Union of India Case (2006), the
Supreme Court upheld the constitutional validity of
reservations for SCs and STs to include promotions
with three conditions:
1. Quantifiable data on the backwardness of SC
/STs
2. Facts about their inadequate representation
3. Overall administrative efficiency is not
affected.
▪ The Centre then approached Supreme Court that
the verdict in the M Nagraj case put unnecessary
conditions in granting quota benefits.
▪ Thus, in Jarnail Singh vs Lachhmi Gupta Case
(2018) Supreme Court allowed for grant of quota
for promotions in the Government jobs to SCs
and STs without the need to "collect
quantifiable data".
▪ The court also asked the Government to examine
the possibility of introducing creamy layer for
SCs/STs by saying that if some sections bag all the
coveted jobs, it will leave the rest of the class as
backward as they always were.
RESERVATION FOR PERSON WITH DISABILITIES IN
PROMOTION
A three-judge Bench of the Supreme Court has
granted relief to persons with disabilities across the
country by allowing reservation in promotion in all
groups for those employed in public sector jobs.
▪ The Bench led by Justice Rohinton F. Nariman
confirmed that 3% reservation should be given
to disabled persons both in direct recruitment
and in promotions.
▪ The Bench, was answering a reference on the
question whether the disabled, included under
“The Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full
Participation) Act, 1995”, were eligible for
reservation in promotion.
▪ The judgment confirms a 2016 verdict of the top
court in Rajeev Kumar Gupta’s case that granted
reservation in promotion to disabled persons
employed in Groups A and B in addition to
Groups C and D categories in the public sector.
▪ SC held that Indira Sawhney case which capped
reservation at 50% and prohibited reservation in
promotions pertained only to Backward Classes
(BC) not to PwDs.
▪ It held that the ceiling of 50% reservation
applies only to reservation in favour of BCs
under Article 16(4) whereas the reservation in
favour of PwDs is horizontal, which is under
Article 16(1).
RESERVATION FOR EWS
The Central Government recently told the Supreme
Court that State Governments were free to decide
whether to implement the 10% reservation for the
economically backward in jobs and admissions.
▪ This reservation of up to 10% for the EWS will be
in addition to the existing reservation cap of
50% reservation for SC, ST and OBCs.
▪ Centre has no role in deciding the reservation
policy of a state government.
▪ State governments are free to decide whether to
implement the 10% quota for EWS in State
Government jobs and admissions to State
Government educational institutions.
SUPREME COURT SAYS RESERVATIONS FOR JOBS,
PROMOTIONS NOT A FUNDAMENTAL RIGHT
The Supreme Court has held that states are not
bound to provide reservation in appointments and
there is no fundamental right to claim quota in
promotions.
▪ “No mandamus can be issued by the court
directing the State Government to provide
reservations,” the bench said in its verdict.
▪ Article 16 (4) and 16 (4A) are in the nature of
enabling provisions, vesting a discretion on the
State Government to consider providing
reservations, if the circumstances so warrant.
▪ It is settled law that the state cannot be directed
to give reservations for appointment in public
posts.
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▪ The order further adds that the state is not
bound to make a reservation for SCs and STs in
matters of promotions.
ACCESS TO INTERNET IS A BASIC RIGHT
Recently, Supreme Court declared that access to the
internet is protected under Article 19 of the
Constitution.
▪ In response to a plea against the suspension of
internet services in Jammu and Kashmir since last
August, a three-judge bench of the Court
affirmed that the
Right to freedom of speech and expression, as
guaranteed to all citizens under the first section of
that article, covers the right to go online.
▪ The restrictions on internet have to follow the
principles of proportionality under Article 19(2).
▪ The doctrine essentially signifies that the
punishment should not be disproportionate to
the offence committed or the nature and extent
of the State’s interference with the exercise of a
right must be proportionate to the goal it seeks
to achieve.
▪ Freedom of trade and commerce through
internet is also a constitutionally protected right
under Article 19(1)(g).
▪ Suspension of internet for indefinite period not
permissible.
Earlier in the Faheema Shirin vs State of Kerala case
(2017), Kerala High Court held that the right to have
access to the Internet is part of the fundamental
right to education as well as the right to privacy
under Article 21 of the Constitution.
CONSTITUTIONAL MORALITY
According to Dr. B. R. Ambedkar:
“Constitutional morality would mean effective
coordination between conflicting interests of
different people and the administrative cooperation
to resolve them amicably without any confrontation
amongst the various groups working for the
realization of their ends at any cost.”
▪ Constitutional morality is not limited only to
following the constitutional provisions literally
but is based on values like individual autonomy
and liberty; equality without discrimination;
recognition of identity with dignity; the right to
privacy.
DUTIES OF AN INDIAN CITIZEN
Original Constitution of India provided only the
fundamental rights and not the fundamental duties
of citizens. However later taking inspiration from
Constitution of erstwhile USSR.
▪ A set of ten fundamental duties were
incorporated in the Constitution through 42nd
Constitutional Amendment Act of 1976.
▪ 86th Constitutional Amendment Act of 2002
added one more fundamental duty.
PRESENT CONSTITUTIONAL POSITION
▪ Article 51 A under Part IVA of the Indian
Constitution contains 11 fundamental duties.
▪ These duties were included based on the
recommendations of Swaran Singh Committee.
Rights are correlative with Duties. It means citizens
while enjoying fundamental rights should be
conscious about their duties towards the state and
fellow citizens.
LIST OF FUNDAMENTAL DUTIES
It shall be the duty of every citizen of India:
(a) to abide by the Constitution and respect its
ideals and institutions, the National Flag, and the
National Anthem.
- All of us are supposed to maintain the
dignity of the Constitution by following it in
letter and spirit.
- National flag and National anthem are
symbol of our history, sovereignty, unity,
and pride.
- The Prevention of Insults to National
Honour Act (1971) prevents disrespect to the
Constitution of India, the National Flag, and
the National Anthem.
(b) to cherish and follow the noble ideals which
inspired our national struggle for freedom;
- The battle of freedom was a long one where
thousands sacrificed their lives.
- It was not only a political struggle but also a
social and economic one.
- Its ideals were those of building a just society
and a united nation of freedom, equality,
nonviolence, brotherhood, & world peace.
- We should remain conscious and committed
to those ideals to rise above various dividing
tendencies.
(c) to uphold and protect the sovereignty, unity,
and integrity of India;
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- In a democratic system, the sovereignty lies
with the people, so defending the
sovereignty is also people’s responsibility.
(d) to defend the country and render national
service when called upon to do so;
- The National service can took any form. It
can be fighting on the battlefield or to
support those fighting.
- By defending our country, we are defending
our own liberty and freedom.
(e) to promote harmony and the spirit of common
brotherhood amongst all the people of India
transcending religious, linguistic, and regional
or sectional diversities; to renounce practices
derogatory to the dignity of women;
- It promotes the objective of fraternity in our
preamble.
- Harmony is must for India to uphold its
foundation of “unity with diversity”.
- The respect for women come normally to a
country where ideals said that gods reside
where women are worshipped.
- Protection of Civil Rights Act (1955) provides
for punishments for offences related to caste
and religion.
- Imputation and assertions prejudicial to
national integration is a punishable offence
under Section 153 B of IPC.
- Offences related to religion are also covered
in Sections 295 – 298 of IPC.
(f) to value and preserve the rich heritage of our
composite culture;
- Our cultural heritage is one of the noblest
and richest and acts as great guiding force.
- We inherited not only tangible heritage but
also intangible in the form of rich culture.
- Our past has shown us the path of peace,
love, nonviolence, and truth. It is the
responsibility of all of us to work for the
preservation of this rich heritage.
- Article 50 of Indian Constitution also relates
to the above duty.
(g) to protect and improve the natural environment
including forests, lakes, rivers, and wildlife, and
to have compassion for living creatures;
- In light of current menace of increasing
pollution and environmental degradation, it
is our duty to protect and improve our
natural environment.
- It is necessary to balance development with
ecology and to practice sustainable
development.
 - Government actions alone cannot help
bringing about a pollution free clean
atmosphere. Every citizen should perform
his/her duty to bring better results.
- Wildlife (Protection) Act of 1972 prohibits
trade in rare and endangered species.
- Forest (Conservation) Act of 1980 checks
indiscriminate deforestation and diversion of
forest land
(h) to develop the scientific temper, humanism and
the spirit of inquiry and reform;
- Scientific temper and spirit of inquiry
generates a sense of inquisitiveness for
learning from developments around us.
- Also, Indian Constitution ordains that
Science and technology must be tempered
with a sense of humanism because
ultimately the end of all progress is the
human being.
(i) to safeguard public property and to abjure
violence;
(j) to strive towards excellence in all spheres of
individual and collective activity so that the
nation constantly rises to higher levels of
endeavour and achievement;
- Whatever work we take up either as
individual citizens or as groups, our effort
should be directed towards achieving
excellence.
- Excellence means surpassing merit, virtue,
honest performance.
- Collective activity lays special emphasis on
team spirit.
(k) who is a parent or guardian to provide
opportunities for education to his child or, as
the case may be, ward between the age of six
and fourteen years.
- It was added by the 86th Constitutional
Amendment Act of 2002.
FEATURES AND SIGNIFICANCE OF
FUNDAMENTAL DUTIES
1. They are the combination of moral and civic
duties.
2. They are confined only to the Indian citizens not
foreigners.
3. They are also non-justiciable in nature. There is
no legal sanction against their violation.
4. Parliament can enforce fundamental duties by
appropriate legislation.
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- There is no provision in Constitution for
direct enforcement of duties.
5. The inclusion of fundamental duties has not
changed the status of fundamental rights.
- The purpose of their inclusion is to make
citizens aware of their obligations.
6. The fulfilment of the fundamental duties are
voluntary and not compulsory.
7. They serve as a warning against the anti-
national and antisocial activities.
8. These duties aim to create an enlightened
citizenship in India, which places public interests
above of the personal Interests.
9. The fundamental duties are in consonance with
the Article 29(1) of the Universal Declaration of
Human Rights, which states that:
“Everyone has duties to the community in which
alone the free and full development of his
personality is possible.”
CRITICISMS OF FUNDAMENTAL DUTIES
Critics target fundamental duties on following
grounds:
1. The list does not cover few important duties like
casting vote, paying taxes.
2. Non-Justiciable nature of fundamental duties.
3. Difficulties in understanding few duties and
phrases like ‘noble ideals’, ‘composite culture’.
4. These duties cannot provide any definite
guidance to citizens.
There is need to build adequate awareness and
congenial environment to make citizen proud and
motivated to fulfill his duties.
QUICK FACT
▪ The Government of India appointed a committee to
“operationalise suggestions to teach fundamental
duties to the citizens of India” under the chairmanship
of Justice J.S. Verma in 1998, which submitted its report
in October 1999.
 QUESTION QUESTION
Q. In the context of India, which one of the Q. Under the Constitution of India, which one of
following is the correct relationship between the following is not a fundamental duty?
Rights and Duties? (UPSC 2017) (UPSC 2011)
(a) Rights are correlative with Duties. (a) To vote in public elections
(b) Rights are personal and hence independent of (b) To develop the scientific temper
society and Duties. (c) To safeguard public property
(c) Rights, not Duties, are important for the (d) To abide by the Constitution and respect its
advancement of the personality of the citizen. ideals.
(d) Duties, not Rights, are important for the Answer: A
stability of the State.
Answer: A
QUESTION
Q. To uphold and protect the Sovereignty, Unity
and Integrity of India" is a provision made in the
QUESTION
(UPSC 2015)
Q. Which of the following statements is/are true
(a) Preamble of the Constitution
of the Fundamental Duties of an Indian citizen?
(b) Directive Principles of State Policy
(UPSC 2017)
(c) Fundamental Rights
1. A legislative process has been provided to
(d) Fundamental Duties
enforce these duties.
2. They are correlative to legal duties.
Answer: D
Select the correct answer using the code given
below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: D

QUESTION
Q. Which of the following is/are among the
Fundamental Duties of citizens laid down in the
Indian Constitution? (UPSC 2012)
1. To preserve the rich heritage of our composite
culture.
2. To protect the weaker sections from social
injustice.
3. To develop the scientific temper and spirit of
inquiry.
4. To strive towards excellence in all spheres of
individual and collective activity.
Select the correct answer using the codes given
below :
(a) 1 and 2 only
(b) 2 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4
Answer: C

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DIRECTIVE PRINCIPLES OF STATE
POLICY
Directive Principles of State policy in Part IV of Indian
Constitution is a unique feature that acts as
Constitutional guidelines to the State.
▪ The chapter on the Directive Principles in Indian
Constitution lists mainly three things:
1. The goals and objectives that we as a society
should adopt;
- Welfare of the people;
- Social, economic, and political justice;
- Raising the standard of living.
2. Certain rights that individuals should enjoy apart
from the Fundamental Rights;
- Right of adequate livelihood.
- Right to equal pay for equal work for men
and women.
- Right to work.
3. Certain policies that the Government should
adopt.
- Framing and implementing Uniform civil
code.
- Promotion of cottage industries.
- Promotion of village panchayats.
- Prohibition on intoxicating drugs and liquor.
▪ The Directive Principles are non-justiciable in
nature, that is, they are not legally enforceable
by the courts for their violation.
SOURCE OF DIRECTIVE PRINCIPLES
▪ Constitution of Ireland (1937) was the main
source for the Directives in Indian Constitution.
▪ These Principles resemble the ‘Instrument of
Instructions’ enumerated in the Government of
India Act of 1935.
- These are the Constitutional instructions or
recommendations to the State in legislative,
executive, and administrative matters.
AIM OF DIRECTIVE PRINCIPLES
In the words of Justice K. S. Hegde:
“The purpose of the Directive principles is to fix
certain social and economic goals for immediate
attainment by bringing about a non – violent social
revolution.”
▪ They aim at realising the high ideals of justice,
liberty, equality, and fraternity.
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▪ They seek to establish economic and social
democracy in the country.
▪ They aimed to transform India into a ‘welfare
state’.
▪ They envisages an end to economic exploitation
and staggering inequalities and inequities.
▪ These principles seeks to fulfill the basic needs
of the common man and to change the structure
of our society.
SANCTION BEHIND DIRECTIVE PRINCIPLES
Though the Directives are not enforceable by the
courts and no court can make the Government to
implement them, yet these principles are declared
to be “fundamental’.
▪ The real sanction behind Directive Principles is
political, that is, public opinion.
▪ Constitution makers thought that the moral
force behind these guidelines would ensure that
the Government would take them seriously.
▪ They acts as strong weapon in the hand of
opposition to discredit the Government on
grounds of not following these principles.
QUESTION
Q. The purpose of the inclusion of Directive
Principle of State Policy in the Indian Constitution
is to establish (UPSC 2002)
(a) Political Democracy
(b) Social Democracy
(c) Gandhian Democracy
(d) Social and Economic Democracy
Answer: D
QUESTION
Q. ‘Economic Justice’ as one of the objectives of
the Indian Constitution has been provided in
(UPSC 2013)
(a) the Preamble and the Fundamental Rights
(b) the Preamble and the Directive Principles
(c) the Fundamental Rights and the Directive
Rights and the Directive Principles of State
Policy
(d) None of the above
Answer: B
 QUESTION QUESTION
Q. The ‘Instrument of Instructions’ contained in Q. The ideal of 'Welfare State' in the Indian
the Government of India Act 1935 have been Constitution is enshrined in its (UPSC 2015)
incorporated in the Constitution of India in the (a) Preamble
year 1950 as (UPSC 2010) (b) Directive Principles of State Policy
(a) Fundamental Rights (c) Fundamental Rights
(b) Directive Principles of State Policy (d) Seventh Schedule
(c) Extent of executive power of State
(d) Conduct of business of the Government of Answer: B
India
▪ The Constitution does not contain any
Answer: B classification of Directive Principles.
▪ However, on the basis of their content and
CONSTITUTIONAL PROVISIONS direction, they can be further classified.
1. On the basis of direction:
Directive Principles of State Policy are enumerated in
Part IV of the Constitution from Articles 36 to 51. • Welfare of people
▪ Article 36 provides for the definition of State in • Social and economic justice
this part. It is same as in Part III. Thus, it includes
1. The legislative and executive organs of the
Goals • Raising Standard of Living
• Promoting International
Central and State Governments, peace
2. All local authorities, and
3. All other public authorities in the country.
• Uniform civil code
▪ Article 37 talks about the application of the
• Promotion of Cottage
principles mentioned in this part. It states that:
1. The provisions contained in this Part shall not
Policies Industries
• Promotion of Village
be enforceable by any court. Panchayats
- So, the directives did not give rise to any
legal right for the violation of which any
individual could seek a remedy. • Adequate Livelihood
2. These principles are fundamental in the • Right against Economic
governance of the country. Rights exploitation
3. It shall be the duty of the State to apply • Right to work
these principles in making laws. • Gender parity in pay
- However, they are not a source of power.
2. On the basis of Content and intent :
QUESTION A. SOCIALISTIC PRINCIPLES
Q. According to the Constitution of India, which These principles reflect the ideology of democratic
of the following are fundamental for the socialism and aims to establish democratic socialist
governance of the country? (UPSC 2013) state of India.
(a) Fundamental Rights
(b) Fundamental Duties
(c) Directive Principles of State Policy DEMOCRATIC SOCIALISM
Democratic socialism is a political philosophy supporting
(d) Fundamental Rights and Fundamental Duties
political democracy within a socially owned economy, with
a particular emphasis on economic democracy.
Answer: C
They includes:
1. Article 38- State shall strive:
(a) To promote the welfare of the people by
securing a social order permeated by
Justice—social, economic, and political
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 (b) To minimise inequalities in income, status,
facilities, and opportunities.
- This second provision was added by the 44th
Constitutional Amendment Act of 1978.
2. Article 39- State shall secure through its policies:
(a) the right to adequate means of livelihood
for all citizens;
(b) the equitable distribution of material
resources of the community for the common
good;
(c) prevention of concentration of wealth and
means of production in the economic
system;
(d) equal pay for equal work for men and
women (not a fundamental right but a
Constitutional goal);
(e) preservation of the health and strength of
workers and children against forcible abuse;
- Citizens ae not forced by economic necessity
to enter jobs unsuited to their age or
strength.
(f) Opportunities for healthy development of
children.
- The last point (f) was modified by the 42nd
Constitutional Amendment Act of 1976.
3. Article 39 A- The purpose of this article is to
promote equal justice and to provide free legal
aid to the poor.
- This Directive was added by the 42nd
Constitutional Amendment Act of 1976.
4. Article 41- The State shall secure the right to
work, to education and to public assistance in
cases of unemployment, old age, sickness, and
disablement.
5. Article 42- State shall make provision for
securing just and humane conditions of work
and for maternity relief.
6. First part of Article 43- State shall make
provision to secure a living wage, a decent
standard of life and social and cultural
opportunities for all workers.
7. Article 43 A- State shall take steps to secure the
participation of workers in the management of
industries.
- This Directive was added by the 42nd
Constitutional Amendment Act of 1976.
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8. First part of Article 47- It direct state to raise the
level of nutrition and the standard of living of
people and to improve public health.
QUESTION
Q. Consider the following statements
1. There is no provision in the Constitution of
India to encourage equal pay for equal work
for both men and women.
2. The Constitution of India does not define
backward classes.
Which of the statement(s) given above is/are
correct? (UPSC 2006)
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: B
B. GANDHIAN PRINCIPLES
They are inspired from the elements of Constructive
programme started by Gandhi during the national
movement. It contains:
1. Article 40- The State shall take steps:
(a) To organize village panchayats.
(b) Endow them with such powers and authority
which is necessary for their functioning as
units of self-Government.
2. Second part of Article 43- State shall promote
cottage industries on an individual or co-
operation basis in rural areas.
3. Article 43 B- the State shall endeavour to
promote voluntary formation, autonomous
functioning, democratic control, and
professional management of co-operative
societies.
- This Directive was added by the 97th
Constitutional Amendment Act of 2011.
4. Article 46- State shall:
(a) Promote the educational and economic
interests of SCs, STs, and other weaker
sections of the society.
(b) Protect them from social injustice and
exploitation.
5. Second part of Article 47- State shall strive to
prohibit the consumption of intoxicating drinks
and drugs which are injurious to health.
6. First part of Article 48- State shall take steps to
prohibit the slaughter of cows, calves and other
milch and draught cattle and to improve their
breeds.
QUESTION
Q. Which of the following is/are included in the
Directive Principles of State Policy?
1. Prohibition of traffic in human beings and
forced labour.
2. Prohibition of consumption except for
medicinal purposes of intoxicating drinks and
of other drugs which are injurious to health.
Select the correct answer using the code given
below: (UPSC 2008)
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: B
C. LIBERAL-INTELLECTUAL PRINCIPLES
1. Article 44- State shall endeavour to secure for
the citizens a Uniform Civil Code throughout the
territory of India.
2. Article 45- State shall provide early childhood
care and education for all children until they
complete the age of six years.
- This Directive was changed by the 86th
Constitutional Amendment Act of 2002.
UNIFORM CIVIL CODE
Uniform civil code is an Indian Constitution's mandate to
replace personal laws based on the scriptures and customs
of each major religious community in India with a common
set of rules governing every citizen.
3. Second part of Article 48- State shall take steps
to organise agriculture and animal husbandry
on modern and scientific lines.
4. Article 48 A- State shall endeavour to protect
and improve the environment and to safeguard
the forests and wildlife of the country.
- This Directive was added by the 42nd
Constitutional Amendment Act of 1976.
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5. Article 49- It shall be the duty of the State to
protect monuments or places or objects of
artistic or historic interests, declared to be of
national importance.
6. Article 50- State shall take steps to separate the
judiciary from the executive in the public
services of the State.
7. Article 51- State shall endeavour to:
(a) Promote international peace and security;
(b) Maintain just and honourable relations
between nations;
(c) foster respect for international law and
treaty obligations;
(d) encourage settlement of international
disputes by arbitration.
QUESTION
Q. Which of the following Articles of the Directive
Principles of State Policy deals with the
promotion of International peace and security?
(UPSC 2002; 2014)
(a) Article 51
(b) Article 48A
(c) Article 43A
(d) Article 41
Answer: A
QUESTION
Q. Which principle among the following was
added to the Directive Principles of State Policy
by the 42nd Amendment to the Constitution?
(UPSC 2017)
(a) Equal pay for equal work for both men and
women
(b) Participation of workers in the management of
industries
(c) Right to work, education and public assistance
(d) Securing living wage and human conditions of
work to workers
Answer: B
QUESTION
Q. Consider the following provisions under the
Directive Principles of State Policy as enshrined
in the Constitution of India
1. Securing for citizens of India a uniform civil
code
 2. Organizing village Panchayats
QUESTION
3. Promoting cottage industries in rural areas
Q. Consider the following statements with
4. Securing for all the workers reasonable leisure
reference to the Constitution of India, the
and cultural opportunities
Directive Principles of State Policy constitute
Which of the above are the Gandhian Principles
limitations upon
that are reflected in the Directive Principles of
1. Legislative function
State Policy? (UPSC 2012)
2. Executive function.
(a) 1, 2 and 4 only
Which of the above statements is/are correct?
(b) 2 and 3 only
(a) 1 only (UPSC 2017)
(c) 1, 3 and 4 only
(b) 2 only
(d) 1, 2, 3 and 4
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: B
Answer: D
CRITICAL EVALUATION OF DIRECTIVE CRITICISM
PRINCIPLES The Directive Principles of State Policy have been
SIGNIFICANCE criticised on the following grounds:
1. They remind of the basic principles of the social 1. Their non-justiciable character reduce their
and economic order, which the Constitution significance vis- a – vis fundamental rights.
aims at building. 2. Arrangement in illogical manner;
2. They have served as useful beacon-lights to the - Directives are not arranged in a logical
courts. manner based on a consistent philosophy.
- Though the courts cannot declare a law to be - They mixes up relatively unimportant issues
invalid on the grounds of violating the with the most vital economic and social
directives, yet the court can uphold the questions.
validity of such law if it seeks to implement a 3. Conservative nature;
directive. - They failed to target the requirements of
3. They amplify the objectives of the Preamble by modern progressive society of 21st Century.
ensuring justice, equality, and liberty. 4. Lack of clarity about their fulfilment, as it
4. They facilitate stability and continuity in depends on the will of the Government and the
domestic and foreign policies. availability of the resources.
5. They complement the Part III by providing for
FUNDAMENTAL RIGHTS VS. DIRECTIVE
social and economic rights.
PRINCIPLES
- Part III provided political rights.
6. They provide an opportunity to people and Distinction between them are;
opposition to control the Government.
- In election people can test the policies and Fundamental Rights Directive Principles
decisions of ruling party. 1. These are negative as 1. These are positive as
they prohibit the State they require the State
from doing certain to do certain things.
things.
2. These are justiciable.
2. These are non-
justiciable.
3. They aim at 3. They aim at
establishing political establishing social and
democracy. economic democracy
4. They have legal 4. These have both
sanctions. moral and political
sanctions.

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 5. They are personal 5. They are societarian Parliament made the 1st Amendment Act (1951), the
and individualistic. and socialistic. 4th Amendment Act (1955) and the 17th Amendment
6. The courts are bound 6. The courts cannot Act (1964) to implement some of the Directives.
to declare a law declare a law violative
GOLAKNATH CASE, 1967
violative of any of the of any of the Directive
The Supreme Court ruled that the Parliament cannot
Fundamental Rights as Principles as
take away or abridge any of the Fundamental
unconstitutional unconstitutional and
Rights, which are ‘sacrosanct’ in nature.
invalid.
GOVERNMENT RESPONSE
▪ The Fundamental Rights are the rights of the Parliament reacted by enacting the 24th Amendment
individual citizens guaranteed by the Act (1971) and the 25th Amendment Act (1971).
Constitution. ▪ The first one declared that the Parliament has
▪ The directive principles states various tenets of the power to abridge or take away any of the
a welfare state. Fundamental Rights by enacting Constitutional
▪ The conflict arises when the State needs to Amendment Acts.
implement a directive principle and it infringes ▪ The second one inserted a new Article 31 – C
on the fundamental rights of the citizens. which states that:
- This problem arose when the Government “No law that seeks to implement the directive
sought to pass laws to abolish zamindari principles specified in Article 39 (b) or (c) shall be void
system. on the ground of contravention of the fundamental
- These measures were opposed on the rights conferred by Article 14 or Article 19”.
ground that they violated right to property.
- However, keeping in mind the societal needs This conflict was finally resolved by Judiciary in the
that are greater than the individual Minerva Mills case (1980). The Supreme Court held
interests, the Government amended the that:
Constitution to give effect to the Directive “The Indian Constitution is founded on the bedrock
Principles of State Policy. of the balance between the Fundamental Rights
- This led to a long legal battle. The executive and the Directive Principles. Harmony and balance
and the judiciary took different positions. between the two is an essential feature of the basic
structure of the Constitution.”
GOVERNMENT’S VIEW
The Government claimed that rights can be CERTAIN DIRECTIVE OUTSIDE PART IV
abridged for giving effect to Directive Principles. OF THE CONSTITUTION
- This argument assumed that some rights
were a hindrance to welfare of the people. 1. Article 335 - Claims of SCs and STs to Services
and posts in connection with the affairs of the
JUDICIARY’S VIEW
Union or a State.
The court held the view that fundamental rights
2. Article 350 A - State to provide facilities for
were so important and sacred that they cannot
instruction in the mother-tongue at the primary
be limited even for purposes of implementing
stage of education to children of linguistic
Directive Principles.
minority groups.
IMPORTANT CASES 3. Article 351 - Indian State to promote the spread
of the Hindi language and to develop it.
CHAMPAKAM DORAIRAJAN CASE, 1951
In this case, the Supreme Court ruled that the:
1. In case of any conflict between the Fundamental
Rights and the Directive Principles, former
should prevail.
2. Fundamental Rights could be amended by the
Parliament by enacting Constitutional
Amendment Acts.
GOVERNMENT RESPONSE

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MCQS FOR PRACTICE
Q1. Which of the following statements is/are
correct?
1. Fundamental rights in Indian Constitution are
inspired from the Bill of Rights of the American
Constitution.
2. Part III of the Indian Constitution contains a
detailed chapter on Directive Principles.
Select the correct answer using the codes given
below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q2. Which among the following provision(s)
was/were added to the Directive Principles of State
Policy by 42nd Amendment to the Constitution?
(a) Secure the participation of workers in the
management of industries.
(b) Promote equal justice and to provide free legal
aid to the poor.
(c) Opportunities for healthy development of
children.
(d) All of the above
Q3. The 97th Constitutional Amendment Act of
2011 provided for
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(a) The right to adequate means of livelihood for all
citizens.
(b) The equitable distribution of material resources
of the community for the common good.
(c) Separation of the judiciary from the executive in
the public services of the State.
(d) The promotion of voluntary formation,
autonomous functioning, democratic control
and professional management of Co-operative
societies.
Q4. Consider the following statements:
1. Right to obtain recognition of the association is
not a fundamental right.
2. Freedom of speech and recognition includes the
right to strike as well.
Which of the statements given above is/are correct
in the context of Article 19 of Indian Constitution?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q5. With reference to Fundamental Duties of
Citizens of India, which of the following statement
is not correct?
(a) Article 51 A under Part IV of the Indian
Constitution contains 11 fundamental duties.
(b) They are non-justiciable in nature.
(c) These duties were included based on the
recommendations of Swaran Singh Committee.
(d) They are confined only to the Indian citizens not
the foreigners.
Q6. Consider the following statements in the
context of the Fundamental Rights in the
Constitution of India:
1. Fundamental rights are not absolute in nature.
2. They are defended and guaranteed by the
Parliament.
3. They promote the ideal of political democracy.
Which of the statements given above is/are
correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 1 only
(d) None of the above
Q7. In relation to the various modifications in
Directive Principles of State Policy, arrange the
following features in correct chronological order of
their addition in Part IV of Indian Constitution:
1. Opportunities for healthy development of
children. Q11. Which of the following statements is/are
2. To provide early childhood care and education correct?
for all children until they complete the age of six 1. Article 21 states that no person shall be deprived
years. of his life or personal liberty except according to
3. To minimise inequalities in income, status, due process of law.
facilities and opportunities. 2. The protection under Article 21 is available only
Select the correct answer using the codes given against the arbitrary executive action.
below: 3. Right to privacy is a fundamental Right under
(a) 2-3-1 Article 21 of the Indian Constitution.
(b) 1-3-2 Select the correct answer using the codes given
(c) 3-1-2 below:
(d) 3-2-1 (a) 1 and 3 only
(b) 3 only
Q8. Which of the following statements is/are not (c) 1 and 2 only
correct? (d) All of the above
1. The concept of ‘equality before law’ is an
element of the concept of ‘Rule of Law’ of Q12. Consider the following provisions of the
American origin. Fundamental Rights in Indian Constitution:
2. It is a positive concept which states that no 1. Prohibition of discrimination on various grounds
person is above the law. (Article 15).
Select the correct answer using the codes given 2. Equality of opportunity in matters of public
below: employment (Article 16).
(a) 1 only 3. Protection in respect of conviction for offences
(b) 2 only (Article 20)
(c) Both 1 and 2 4. Cultural and Educational Rights (Articles 29-30)
(d) Neither 1 nor 2 Which of the above are the rights that are available
to the Indian Citizens only?
Q9. Which among the following is/are not the (a) 1 and 3 only
ground of criticism of the Fundamental Rights in (b) 1,2 and 4 only
the Constitution of India? (c) 1, 2 and 3 only
(a) They consist of political rights, not social and (d) 1, 2, 3 and 4
economic ones.
(b) They are non-justiciable in nature. Q13. Consider the following statements in the
(c) They can be suspended during National context of the differences between the
Emergency. Fundamental Rights and Directive Principles of
(d) None of the above State policy in the Constitution of India:
1. Fundamental rights are positive in character
Q10. Consider the following statements in the whereas Directives are negative.
context of the Habeas Corpus writ of the Supreme 2. Fundamental rights promotes the welfare of the
Court of India: Individual whereas Directives focuses on the
1. It is an order issued by the court to a person who development of the community.
has detained another person, to produce the 3. Fundamental rights are legally enforceable while
body of the latter before it. Directives are not.
2. This writ can be issued against only public Which of the statements given above is/are
authorities. correct?
Which of the statements given above is/are (a) 1 and 2 only
correct? (b) 1 and 3 only
(a) 1 only (c) 2 and 3 only
(b) 2 only (d) All of the above
(c) Both 1 and 2
(d) Neither 1 nor 2
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Q14. In the Part III of the Indian Constitution the 1. State shall make provision for securing just and
definition of State does not include: humane conditions of work and for maternity
(a) Government and Parliament of India. relief.
(b) Government and the Legislature of each of the 2. State shall provide early childhood care and
States. education for all children until they complete the
(c) All local authorities like Municipalities and age of fourteen years.
Panchayats. Select the correct answer using the code given
(d) Private body or agency working Independently of below:
the State. (a) Only 1
(b) Only 2
Q15. Consider the following statements: (c) Both 1 and 2
1. Right to propagate one’s religion includes the (d) Neither 1 nor 2
right to convert another person to one’s own
religion. Q19. Which of the following Articles of the Directive
2. Article 29 of Indian Constitution is restricted to Principles of State Policy deals with the Uniform
Indian Citizens only. Civil Code for Citizens of India?
Which of the statements given above is/are not (a) Article 51
correct? (b) Article 48A
(a) 1 only (c) Article 44
(b) 2 only (d) Article 41
(c) Both 1 and 2
(d) Neither 1 nor 2 Q20. The purpose of the inclusion of Fundamental
Rights in the Indian Constitution is to establish
Q16. Consider the following pairs and identify the (a) Political Democracy
ones which are correctly matched: (b) Equality and dignity of all individuals
Writs Meaning (c) Unity of the nation
1. Mandamus We command (d) All of the above
2. Certiorari To be certified
3. Quo- Warranto By what authority Q21. “To promote equal justice and to provide free
Select the correct answer using the codes given legal aid to the poor" is a provision made in the
below: (a) Preamble of the Constitution
(a) 1 and 2 only (b) Directive Principles of State Policy
(b) 2 and 3 only (c) Fundamental Rights
(c) 1 and 3 only (d) Fundamental Duties
(d) 1, 2 and 3
Q22. Consider the following statements in the
Q17. Which among the following is not the context of the Article 29 of the Constitution of
fundamental Duty of an Indian Citizen? India:
(a) To uphold and protect the sovereignty, unity and 1. It grants protection to both religious minorities
integrity of India. as well as linguistic minorities.
(b) To safeguard public property and to abjure 2. This Article is restricted to minorities only.
violence. Select the correct answer using the codes given
(c) To protect and improve the natural below:
environment. (a) 1 only
(d) To pay taxes regularly. (b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Q18. Which of the following is/are included in the Q23. With reference to the Directives Principles of
Directive Principles of State Policy? State Policy, which of the following statement is not
correct?

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(a) Article 36-51 under Part IV of the Indian
Constitution contains these Directive Principles.
(b) They are non-justiciable in nature.
(c) These principles are socialistic in nature only.
(d) They serve as useful beacon-light to the courts.
Q24. Consider the following statements:
1. Article 27 prohibits only levy of a tax and not a
fee.
2. As per Article 28, no religious instruction shall be
provided in any educational institution wholly
maintained out of State funds.
Which of the statements given above is/are
correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q25.Which of the above is/are classified under the
Right to freedom of Religion (Article 25 -28)?
1. Prohibition of discrimination on grounds of
religion.
2. Freedom of conscience and profess of religion.
3. Protection of culture of minorities.
4. Freedom to manage affairs of religious
institution.
Select the answer using the code given below:
(a) 1 and 2 only
(b) 1, 2 and 4 only
(c) 2 and 4 only
(d) 2, 3 and 4 only
Q26. Which one of the following writs is not
suspended even during the martial rule in any area
under Article 34 of Indian Constitution?
(a) Habeas Corpus
(b) Quo-Warranto
(c) Mandamus
(d) Certiorari
Q27. Which of the following are envisaged by the
Right to freedom in the Constitution of India?
1. Protection in respect of conviction for offences
2. Protection of life and personal liberty
3. Right to elementary and secondary education
4. Protection against arrest and detention in certain
cases
Select the answer using the codes given below:
(a) 1, 2, 3 and 4
(b) 2 only
(c) 1, 2 and 4 only
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(d) None of the above
Q28. Which one of the following has the power to
make laws, to give effect to certain specified
fundamental rights?
(a) The Parliament of India
(b) The Supreme Court of India
(c) The President of India
(d) Parliament as well as State legislatures
Q29. The protection against double jeopardy under
Article 20 of Indian Constitution is available in
proceedings before
(a) Courts of law and Judicial tribunal
(b) Administrative Proceedings
(c) Departmental Proceedings
(d) All of the above
Q30. Which among the following is/are ground(s) of
reasonable restrictions on the Right of freedom of
speech and expression under Article 19 (1) (a)?
(a) Security of the State
(b) Public order
(c) Friendly relations with foreign States
(d) All of the above
ANSWER WRITING PRACTICE
Q1. Indian Constitution craftly balances the rights
and duties of its citizen. Discuss (150 Words)
Q2. Discuss the significance of freedom of speech
and expression in Indian democracy. Do you think
that the ground of restrictions on this right are
exceptionally high.
(150 Words)
Q3. Directive Principles of State Policy are
fundamental in the governance of the country and
difficult to ignore by Government in power.
Comment.
(250 Words)
Q4. What are the key features of fundamental rights
in Indian Constitution? Also critically analyse the
rights under Article 14, 19 and 21 of Indian
Constitution.
(250 Words)
Q5. Discuss the importance of Right to Equality in
Indian democratic system. Also examine Article 16 in
the light of various judicial pronouncements and
constitutional amendments.
(250 Words)
ANSWERS & EXPLANATION
Q1. Which of the following statements is/are
correct?
1. Fundamental Rights in Indian Constitution are
inspired from the Bill of Rights of the American
Constitution.
2. Part III of the Indian Constitution contains a
detailed chapter on Directive Principles.
Select the correct answer using the codes given
below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: A
Explanation: Part III of the Indian Constitution
contains a detailed chapter on Fundamental Rights
(not Directive Principles).
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Q2. Which among the following provision(s)
was/were added to the Directive Principles of State
policy by 42nd Amendment to the Constitution?
(a) Secure the participation of workers in the
management of industries.
(b) Promote equal justice and to provide free legal
aid to the poor.
(c) Opportunities for healthy development of
children.
(d) All of the above
Answer: D
Explanation: New Directive Principles of State policy
added by the 42nd Amendment to the Constitution
asks State:
1. To secure opportunities for healthy development
of children (in Article 39).
2. To promote equal justice and to provide free
legal aid to the poor (Article 39 A).
3. To take steps to secure the participation of
workers in the management of industries (Article
43 A).
4. To protect and improve the environment and to
safeguard forests and wild life (Article 48 A).
Q3. The 97th Constitutional Amendment Act of
2011 provided for
(a) The right to adequate means of livelihood for all
citizens.
(b) The equitable distribution of material resources
of the community for the common good.
(c) Separation of the judiciary from the executive in
the public services of the State.
(d) The promotion of voluntary formation,
autonomous functioning, democratic control
and professional management of Co-operative
societies.
Answer: D
Explanation: The 97th Amendment Act of 2011
added a new Directive Principle relating to Co-
operative societies.
▪ It requires the state to promote voluntary
formation, autonomous functioning, democratic
control and professional management of Co-
operative societies.
Q4. Consider the following statements:
1. Right to obtain recognition of the association is
not a fundamental right.
2. Freedom of speech and recognition includes the
right to strike as well.
Which of the statements given above is/are correct
in the context of Article 19 of Indian Constitution?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: A
Explanation: Right to Freedom of Association only
includes the right to start an association and right to
continue with the association as such, not the right
to obtain recognition of the association.
▪ Right to strike is not a right in Indian
Constitution.
Q5. With reference to Fundamental Duties of
Citizens of India, which of the following statement
is not correct?
(a) Article 51 A under Part IV of the Indian
Constitution contains 11 fundamental duties.
(b) They are also non-justiciable in nature.
(c) These duties were included based on the
recommendations of Swaran Singh Committee.
(d) They are confined only to the Indian citizens not
foreigners.
Answer: A
Explanation: Article 51 A under Part IVA (not Part IV)
of the Indian Constitution contains 11 fundamental
duties.
Q6. Consider the following statements in the
context of the Fundamental Rights in the
Constitution of India:
1. Fundamental rights are not absolute in nature.
2. They are defended and guaranteed by the
Parliament.
3. They promote the ideal of political democracy.
Which of the statements given above is/are
correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 1 only
(d) None of the above
Answer: B
Explanation: Fundamental Rights are defended and
guaranteed by the Supreme Court of India.
▪ They are not absolute but qualified. The state
can impose reasonable restrictions on them.
▪ The Fundamental Rights are meant for
promoting the ideal of political democracy.
Q7. In relation to the various modifications in
Directive Principles of State Policy, arrange the
following features in correct chronological order of
their addition in Part IV:
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1. Opportunities for healthy development of
children.
2. To provide early childhood care and education
for all children until they complete the age of six
years.
3. To minimise inequalities in income, status,
facilities and opportunities.
Select the correct answer using the codes given
below:
(a) 2-3-1
(b) 1-3-2
(c) 3-1-2
(d) 3-2-1
Answer: B
Explanation: The Directive related to the
Opportunities for healthy development of children
was added by 42nd Amendment to Constitution in
1976.
▪ Directive to State for providing early childhood
care and education for all children until they
complete the age of six years was modified by
the 86th Constitutional Amendment Act of 2002.
▪ 44th Amendment Act of 1978 added to provision
to minimise inequalities in income, status,
facilities and opportunities.
Q8. Which of the following statements is/are not
correct?
1. The concept of ‘equality before law’ is an
element of the concept of ‘Rule of Law’ of
American origin.
2. It is a positive concept which states that no
person is above the law.
Select the correct answer using the codes given
below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: C
Explanation: The concept of ‘equality before law’ is
an element of the concept of ‘Rule of Law’ of British
origin. It a negative concept.
Q9. Which among the following is/are not the
ground of criticism of the Fundamental Rights in
the Constitution of India?
(a) It mainly consists of political rights, not social and
economic ones.
(b) They are non-justiciable in nature.
(c) They can be suspended during National
Emergency.
(d) None of the above
Answer: B
Explanation: Fundamental Rights are Justiciable in
nature. Aggrieved person can approach the courts
for their enforcement.
Q10. Consider the following statements in the
context of the Habeas corpus writ of the Supreme
Court of India:
1. It is an order issued by the court to a person who
has detained another person, to produce the
body of the latter before it.
2. This writ can be issued against only public
authorities.
Which of the statements given above is/are
correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: A
Explanation: The writ of habeas corpus can be issued
against both public authorities as well as private
individuals.
Q11. Which of the following statements is/are
correct?
1. Article 21 states that no person shall be deprived
of his life or personal liberty except according to
due process of law.
2. The protection under Article 21 is available only
against arbitrary executive action.
3. Right to privacy is a fundamental Right under
Article 21 of Indian Constitution.
Select the correct answer using the codes given
below:
(a) 1 and 3 only
(b) 3 only
(c) 1 and 2 only
(d) All of the above
Answer: B
Explanation: Article 21 declares that no person shall
be deprived of his life or personal liberty except
according to procedure established by law.
▪ The protection under Article 21 is available not
only against arbitrary executive action but also
against arbitrary legislative action.
▪ The Supreme Court in 2017 held that the Right
to Privacy is a fundamental right for Indian
citizens under the Article 21 of the Constitution
of India.
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Q12. Consider the following provisions of the
Fundamental Rights in Indian Constitution:
1. Prohibition of discrimination on various grounds
(Article 15).
2. Equality of opportunity in matters of public
employment (Article 16).
3. Protection in respect of conviction for offences
(Article 20)
4. Cultural and Educational Rights (Articles 29-30)
Which of the above are the rights that are available
to the Indian Citizens only?
(a) 1 and 3 only
(b) 1,2 and 4 only
(c) 1, 2 and 3 only
(d) 1, 2, 3 and 4
Answer: B
Explanation: Article 20 grants protection against
arbitrary and excessive punishment to an accused
person, whether citizen or foreigner or legal person
like a company or a corporation.
Q13. Consider the following statements in the
context of the differences between the
Fundamental Rights and Directive Principles of
State policy in the Constitution of India:
1. Fundamental rights are positive in character
whereas Directives are negative.
2. Fundamental rights promotes the welfare of the
Individual whereas Directives focuses on the
development of the community.
3. Fundamental rights are legally enforceable while
Directive are not.
Which of the statements given above is/are
correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) All of the above
Answer: C
Explanation: Fundamental rights are negative as
they prohibit the State from doing certain things.
▪ Directive Principles are positive as they require
the State to do certain things.
Q14. In the Part III of the Indian Constitution the
definition of State does not include:
(a) Government and Parliament of India.
(b) Government and the Legislature of each of the
States.
(c) All local authorities like Municipalities and
Panchayats.
(d) Private body or agency working independently of
the State.
Answer: D
Explanation: According to the Supreme Court, a
private body or agency working as an instrument of
the State falls within the meaning of the ‘State’
under Article 12, not otherwise.
Q15. Consider the following statements:
1. Right to propagate one’s religion includes the
right to convert another person to one’s own
religion.
2. Article 29 of Indian Constitution is restricted to
Indian Citizens only.
Which of the statements given above is/are not
correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: A
Explanation: Right to propagate one’s religion does
not include a right to convert another person to
one’s own religion.
▪ Article 29 is restricted to Indian Citizen only.
Explanation:
▪ Duty to pay tax is not included in the list of
fundamental duties despite being recommended
by the Swaran Singh Committee.
Q18. Which of the following is/are included in the
Directive Principles of State Policy?
1. State shall make provision for securing just and
humane conditions of work and for maternity
relief.
2. State shall provide early childhood care and
education for all children until they complete the
age of fourteen years.
Select the correct answer using the code given
below:
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: A
Explanation:
▪ As per the Article 45 of Indian Constitution, State
shall provide early childhood care and education
for all children until they complete the age of six
years (not fourteen).

Q16. Consider the following pairs and identify the Q19. Which of the following Articles of the Directive
ones which are correctly matched: Principles of State Policy deals with the Uniform
Writs Meaning Civil Code for Citizens of India?
1. Mandamus We command (a) Article 51
2. Certiorari To be certified (b) Article 48A
3. Quo- Warranto By what authority (c) Article 44
Select the correct answer using the codes given (d) Article 41
below: Answer: C
(a) 1 and 2 only Explanation:
(b) 2 and 3 only ▪ According to Article 44 of the Indian
(c) 1 and 3 only Constitution, State shall endeavour to secure for
(d) 1, 2 and 3 the citizens a Uniform Civil Code throughout the
Answer: D territory of India.
Explanation:
▪ All three pairs are correctly matched. Q20. The purpose of the inclusion of Fundamental
Rights in the Indian Constitution is to establish
Q17. Which among the following is not the (a) Political Democracy
fundamental Duty of an Indian Citizen? (b) Equality and dignity of all individuals
(a) To uphold and protect the sovereignty, unity and (c) Unity of the nation
integrity of India. (d) All of the above
(b) To safeguard public property and to abjure Answer: D
violence. Explanation:
(c) To protect and improve the natural ▪ Fundamental Rights are meant for promoting the
environment. ideal of political democracy.
(d) To pay taxes regularly.
Answer: D
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▪ They uphold the equality of all individuals, the
dignity of the individual, the larger public
interest and unity of the nation.
▪ They prevent the establishment of an
authoritarian and despotic rule in the country.
Q21. “To promote equal justice and to provide free
legal aid to the poor" is a provision made in the
(a) Preamble of the Constitution
(b) Directive Principles of State Policy
(c) Fundamental Rights
(d) Fundamental Duties
Answer: B
Explanation:
▪ Article 39 A of the Indian Constitution states that
it is the duty of state is to promote equal justice
and to provide free legal aid to the poor.
▪ It is part of the Directive Principles of State
Policy.
Q22. Consider the following statements in the
context of the Article 29 of the Constitution of
India:
1. It grants protection to both religious minorities
as well as linguistic minorities.
2. This Article is restricted to minorities only.
Select the correct answer using the codes given
below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: A
Explanation:
▪ Article 29 is not restricted to minorities only as
the use of words ‘section of citizens’ includes
both minorities as well as majority.
Q23. With reference to the Directives Principles of
State Policy, which of the following statement is not
correct?
(a) Article 36-51 under Part IV of the Indian
Constitution contains these Directive Principles.
(b) They are non-justiciable in nature.
(c) These principles are Socialistic in nature only.
(d) They serve as useful beacon-light to the courts.
Answer: C
Explanation:
▪ Directive Principles are Socialistic, Gandhian a
well as liberal in nature.
Q24. Consider the following statements:
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1. Article 27 prohibits only levy of a tax and not a
fee.
2. As per Article 28, no religious instruction shall be
provided in any educational institution wholly
maintained out of State funds.
Which of the statements given above is/are
correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: C
Explanation:
▪ Article 27 prohibits only levy of a tax and not a
fee. Fee can be levied on pilgrims to provide
them some essential service.
▪ In any educational institution wholly maintained
out of State funds, no religious instruction shall
be given.
Q25.Which of the above is/are classified under the
Right to freedom of Religion (Article 25 -28)?
1. Prohibition of discrimination on grounds of
religion.
2. Freedom of conscience and profess of religion.
3. Protection of culture of minorities.
4. Freedom to manage affairs of religious
institution.
Select the answer using the code given below:
(a) 1 and 2 only
(b) 1, 2 and 4 only
(c) 2 and 4 only
(d) 2, 3 and 4 only
Answer: C
Q26. Which one of the following writs is not
suspended even during the martial rule in any area
under Article 34 of Indian Constitution?
(a) Habeas Corpus
(b) Quo-Warranto
(c) Mandamus
(d) Certiorari
Answer: A
Explanation:
▪ Supreme Court of India states that the writ of
habeas corpus is not suspended even during the
martial rule in any area under Article 34 of Indian
Constitution.
Q27. Which of the following are envisaged by the
Right to freedom in the Constitution of India?
1. Protection in respect of conviction for offences
2. Protection of life and personal liberty Q30. Which among the following is/are ground(s) of
3. Right to elementary and secondary education reasonable restrictions on the Right of freedom of
4. Protection against arrest and detention in certain speech and expression under Article 19 (1) (a)?
cases (a) Security of the State
Select the answer using the codes given below: (b) Public order
(a) 1, 2, 3 and 4 (c) Friendly relations with foreign States
(b) 2 only (d) All of the above
(c) 1, 2 and 4 only Answer: D
(d) None of the above Explanation:
Answer: C The State can impose reasonable restrictions on the
Explanation: exercise of the freedom of speech and expression
Right to Freedom, under Articles 19-22 of the Indian under Article 19 (1) (a) on the grounds of:
Constitution, contains: ▪ Sovereignty and integrity of India
▪ Protection in respect of conviction for offences ▪ Security of the State
(Article 20) ▪ Friendly relations with foreign States
▪ Protection of life and personal liberty (Article ▪ Public order
21) ▪ Decency or morality
▪ Right to elementary education (Article 21A) ▪ Contempt of court
▪ Protection against arrest and detention in ▪ Defamation
certain cases (Article 22) ▪ Incitement to an offence

Q28. Which one of the following has the power to

make laws, to give effect to certain specified
fundamental rights?
(a) The Parliament of India
(b) The Supreme Court of India
(c) The President of India
(d) Parliament as well as State legislatures
Answer: A
Explanation:
▪ Article 35 of Indian Constitution lays down that
the power to make laws, to give effect to certain
specified fundamental rights shall be vested
only in the Parliament of India.

Q29. The protection against double jeopardy under

Article 20 of Indian Constitution is available in
proceedings before
(a) Courts of law and Judicial tribunal
(b) Administrative Proceedings
(c) Departmental Proceedings
(d) All of the above
Answer: A
Explanation:
▪ The protection against double jeopardy is
available only in proceedings before a court of
law or a judicial tribunal.
▪ It is not available in proceedings before
departmental or administrative authorities as
they are not of judicial nature.

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