The Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties

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Introduction

The Indian Constitution is the supreme law of the land, establishing the fundamental structure and ideals for governing the nation. In other words, it is a guide or design to run the country. On August 29, 1947, the drafting committee was set up by the constituent assembly to frame the Constitution of India consisting of seven members and the Chairman of the Drafting Committee was Dr. B.R. Ambedkar. The Constitution of India came into effect on January 26, 1950. It is the largest written constitution in the world containing 448 Articles, 12 Schedules, and 105 Amendments. It is a framework that enshrines fundamental rights, directive principles of state policy, and fundamental duties to Indian citizens, “They prescribe the fundamental obligations of the State to its citizens and the Duties of the citizens to the State.” In this article, we will discuss fundamental rights, fundamental duties, and directive principles of the state policy mentioned in the Indian Constitution for its citizens. 

Fundamental Rights

To safeguard the interests of the people, Part III of the Constitution of India guarantees fundamental rights that are applicable irrespective of religion, caste, place of birth, gender, race, or creed. These are the basic human rights that are not only applicable to Indian citizens but some of them are also available to foreigners. Articles 12-35 of the Constitution of India deals with the fundamental rights. Initially, there were seven fundamental rights but the Right to Property was removed in 1978 after the 44th amendment of the Constitution and was converted into a simple legal right. Currently, there are six fundamental rights which are listed as follows:

• Right to Equality: Articles 14- 18 of the Constitution of India deal with the right to equality. It ensures that every person is treated equally before the law and prevents any kind of discrimination on the grounds of religion, sex, caste, place of birth, and race. The right to equality also ensures equality of opportunity in matters of public employment. 
• Right to Freedom: Articles 19- 22 of the Constitution of India deal with the right to freedom. It gives the citizens the right to live with dignity by providing them with freedom of speech and expression, the right to assemble peaceably and without arms, the right to form associations, the right to move freely throughout the territory of India, protection of life and personal liberty, right to education, protection against arrest and detention in certain cases and protection in respect of conviction of offences.
• Right against Exploitation: Articles 23- 24 of the Constitution of India deal with the right against exploitation. This right prohibits human trafficking, forced labor, and employment of children in factories, etc. 
• Right to Freedom of Religion: Articles 25- 28 of the Constitution of India deal with the right to freedom of religion. It guarantees the freedom of conscience and free profession, practice, and propagation of religion. It also gives freedom to manage religious affairs and freedom from taxation for the promotion of religion.
• Cultural and Education Rights: Articles 29- 30 of the Constitution of India deal with cultural and educational rights. This right allows linguistic and religious minorities to protect, preserve, and propagate their culture as well as gives them the right to establish and administer educational institutions.
• Right to Constitutional Remedies: Articles 32- 35 of the Constitution of India deal with the right to constitutional remedies. It ensures that every citizen should have access to justice and empowers them to move to the Court of law in case of violation of their fundamental rights. Article 32 guarantees “the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights…” It also defines that the Supreme Court should have “the power to issue directions or orders or writs  including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights.”

There are certain other rights and laws that every Indian should know as it empower them to protect and defend their rights. 

Fundamental Duties

The Constitution of India illustrates various fundamental duties for the citizens of India which are covered under Article 51A of the Constitution of India. It states that “It shall be the duty of every citizen of India-

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
• To cherish and follow the noble ideals which inspired our national struggle for freedom;
• To uphold and protect the sovereignty, unity, and integrity of India;
• To defend the country and render national service when called upon to do so;
• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
• To value and preserve the rich heritage of our composite culture;
• To protest and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures;
• To develop the scientific temper, humanism, and the spirit of inquiry and reform;
• To safeguard public property and to abjure violence;
• 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;
• 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.”

Directive Principles of State Policy

The Directive Principles of State Policy are the guidelines for the State to carry out effective governance and are inspired by the concepts of foreign policy, economic welfare, and social justice. In short, the Government needs certain guidelines to frame laws which are mentioned in Part IV of the Indian Constitution under the title ‘Directive Principles of State Policy’. Articles 36-51 of the Constitution of India deal with the Directive Principles of State Policy. It promotes the concepts of liberty, equality, and justice. According to Article 37, the Directive Principles of State Policy are not enforceable in a court of law. In case, the Directive Principles are violated 

Directive Principles are mentioned as follows:

• State to secure a social order for the promotion of the welfare of the people (Article 38)
• Certain principles of policy to be followed by the State (Article 39)
• Organization of village panchayat (Article 40)
• Right to work, to education, and to public assistance in certain cases (Article 41)
• Provision for just and humane conditions of work and maternity relief (Article 42)
• Living wage, etc., for workers (Article 43)
• Uniform civil code for the citizens (Article 44)
• Provision for early childhood care and education to children below the age of six years (Article 45)
• Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections (Article 46)
• Duty of the State to raise the level of nutrition and the standard of living and to improve public health (Article 47)
• Organization of agriculture and animal husbandry (Article 48)
• Protection of monuments and places and objects of national importance (Article 49)
• Separation of judiciary from the executive (Article 50)
• Promotion of international peace and security (Article 51)

Relationship between the Fundamental Rights, Directive Principles of State Policy and Fundamental Duties

In the Kesavananda Bharti case, the Supreme Court of India observed that the fundamental rights and directive principles of state policy are not only complementary to each other but also supplementary to each other as they provide goals for establishing a welfare state. The Directive Principles of State Policy uphold the Constitutional validity of legislation when there is a conflict with fundamental rights. The relationship between them is important to establish an equitable society and a balanced framework that supports the principles of democracy. 

In conclusion, three pillars of the The Constitution of India guarantees that fundamental rights shall be available to every citizen and in case of violation of these rights, any individual can approach the Court of law to seek justice. These are justiciable, however, Directive Principles of State Policy are not justiciable but they provide a route for the State to navigate it to reach the right policy that is suitable for a better of life of Indian citizens.