Overview
This lecture provides a brief and important explanation of the fundamental rights, Directive Principles of State Policy, duties, and their interrelationships in the Indian Constitution. It is extremely useful for competitive exams and board studies.
Role of the Indian Constitution
- The constitution ensures not only the government framework but also the limits and rights of citizens' freedoms.
- It is considered necessary to limit government power to prevent abuse of authority.
- Part 3 of the constitution discusses fundamental rights.
Fundamental Rights
- India has no official religion; all religions are given equal status.
- Fundamental rights: right to equality, right to freedom, right against exploitation, religious freedom, cultural and educational rights, right to constitutional remedies.
- Fundamental rights protect citizens from arbitrary government actions.
- These rights are not absolute; the government can impose reasonable restrictions.
Right to Equality
- Discrimination based on caste, religion, gender, place of birth, etc., is prohibited.
- Untouchability is banned; no discrimination in public employment.
- The government cannot confer titles except for military/educational achievements.
- Reservation system is valid for social justice and does not violate the right to equality.
Right to Freedom
- Freedom of expression, assembly, forming associations, movement, and choosing occupation.
- Restrictions on freedom are possible on grounds of public order, morality, and health.
- It is mandatory to inform the reason for arrest and present the accused before a magistrate within 24 hours.
Right to Life and Personal Liberty
- No one can be deprived of life or liberty without due process of law.
- The Supreme Court has included a dignified life, livelihood, education, and shelter within the meaning of "life."
Right against Exploitation
- Forced labor, child labor (6-14 years), and human trafficking are completely prohibited.
Right to Freedom of Religion
- Freedom to profess, practice, and propagate any religion of choice.
- Forcing or compelling conversion is illegal.
- The government can intervene in religion for public order, morality, and health.
Cultural and Educational Rights
- Religious/linguistic minorities have the right to preserve their culture and establish educational institutions.
Right to Constitutional Remedies
- Direct access to the Supreme/High Court for violation of fundamental rights (Article 32).
- The court can issue five types of writs (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari).
Directive Principles of State Policy (DPSP)
- In Part 4 of the constitution, the government is guided to adopt welfare policies.
- These are not legally enforceable; no court case can be filed for violation.
- They include education, health, equal pay, village panchayats, prohibition of alcohol, etc.
Fundamental Duties
- Added by the 42nd amendment; following 11 duties is a moral obligation for every citizen.
- No penalty for violation, only awareness/discipline purposes.
Relationship between Supreme Court and Parliament
- Parliament can make necessary changes in the constitution but cannot alter the 'basic structure' (fundamental framework) (Kesavananda Bharati case).
Key Terms & Definitions
- Fundamental Rights тАФ Basic rights given to citizens, protected by courts.
- DPSP тАФ Directive Principles of State Policy; guidelines for the government.
- Writ тАФ Legal order issued by the court.
- Habeas Corpus тАФ Order for release from illegal detention.
- Reservation тАФ Giving priority to backward classes in opportunities.
- Basic Structure тАФ The immutable fundamental framework of the constitution.
Action Items / Next Steps
- Re-study the NCERT chapter "Rights in the Indian Constitution."
- Memorize provisions and examples of Articles 14, 19, 21, 32.
- Write brief notes on 5 writs and key points of DPSP.
- Practice questions: "Explain the difference between Fundamental Rights and DPSP."