Tug of war between Fundamental rights and directive
principle
Fundamental rights
 Part 3 of the constitution of
India contains the fundamental
rights guaranteed to the citizens
of India. Articles 12 to 35 of the
constitution of India deal with
fundamental rights.
 The basic rights that are
guaranteed to Indian citizens by
the constitution of india are
known as fundamental rights.
 The welfare of each and every
citizen is promoted through the
fundamental rights.
 As per as the law , violation of
fundamental rights are
punishable.
 If there is a law which is in
violation of fun damental rights
then the courts can declare it as
invalid and unconstitutional.
 Fundamental rights are
sometimes considered as a kind
of restrictions imposed on the
state.
 Fundamental rights can be
suspended during a national
emergency . But the rights
guaranteed under Article 20 and
21 cannot be suspended.
Directive principles of state policy
 Directive priinciples are written
in part 4 of the constitution of
India. They are given in
Articles36 to 51 of the
constitution.
 Directive principles of the
Indian constitution are the
guidelines to be followed by the
government while framing
policies.
 The welfare of the entire
community is fostered with the
help of directive principles .
 Violation of directive principles
is not punishable crime unlike
violation of fundamental rights.
 If there is a law in violation of
directive principles then the
courts do not have the powerv
to declare it as invalid and
unconstitution .
 Directive principles are
directions for the government in
helping it to achieve some
particular objectives.
 Directive principles of state
policy can never be suspended
under any circumtances.
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Six fundamental rights ( Articles 12 – 35 )

1. Right to equality ( Articles 14 – 18 )

Right to equality guarantees equal rights for everyone , irrespective of
religion, gender, caste, race, or place of birth.
Article 16 – Equality of opportunity in public employment.
Article 17 – Abolition of untouchability.
Article 18 – Abolition of all titles except military and academic.
2. Right to freedom ( Articles 19 – 22 )
Article 19 – of the constitution guarantees seven civil freedoms to the
citizens as a matter of their right. Included in clause (1) of Article 19 , these
freedom are : (a) Freedom of speech and expression
(b)Right to assemble peacefully and without arms
(c) Right to form associations or unions
(d)Right to move freely throughout the territory of India.
(e) Right to reside and settle in any part of the territory of Indiab
(f) Right to practice any profession or to carry on any occupation , trade or
business.

Article 20 – Protection with respect to conviction for offences.

Article21 – Right to life and personal liberty

Article 21A – Right to elementary education
Article 22 – Protection against arrest and detention in certain cases.
3. Right against exploitation (Article 23 – 24 )
This right implies the prohibition of traffic in human beings , beggar , and other
forms of forced labour.
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4. Right to freedom of religion (Article 25 – 28 )

Article 25 – it guarantees freedom of conscience and free profession , practice ,
and propogation of religion .
Article 26 – Freedom to manage religious affairs.
Article 27 – Freedom as to payment of taxes for promotion of any particular
region.
Article 28 – Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.
5. Cultural and educational rights (Article 29 – 30 )
Article 29 – Protection of interests of minorities
Article 30 – Right of minorities to establish and administer educational
institutions

6. Right to constitutional remedies (Article 32, - 35)