Fundamental Rights, DPSP & Fundamental Duties
Part III of the Indian Constitution (Articles 12–35) guarantees justiciable Fundamental Rights that shield citizens against arbitrary state action, encompassing Right to Equality (Articles 14–18), Right to Freedom (Articles 19–22), Right against Exploitation (Articles 23–24), and Right to Freedom of Religion (Articles 25–28). Article 32 empowers citizens to move the Supreme Court directly for writ remedies (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto). Part IV (Articles 36–51) outlines the non-justiciable Directive Principles of State Policy (DPSP) aimed at establishing a welfare state. Furthermore, Part IVA (Article 51A), introduced via the 42nd Amendment upon Swaran Singh Committee recommendations, prescribes eleven Fundamental Duties expected of every Indian citizen.
Key Concepts & Examination Highlights
- Article 32 was termed the 'Heart and Soul of the Constitution' by Dr. B.R. Ambedkar for guaranteeing constitutional remedies via writs.
- Article 21 (Protection of Life and Personal Liberty) has been broadly interpreted to include the right to privacy (Puttaswamy case) and clean environment.
- The 86th Constitutional Amendment Act of 2002 inserted Article 21A, making free and compulsory elementary education a fundamental right.
- Fundamental Duties were incorporated into Part IVA (Article 51A) on the recommendations of the Swaran Singh Committee in 1976.