SPI Polity · Fundamental Rights, DPSP and Local Governance
Fundamental Rights and Directive Principles
The six Fundamental Rights of Part III with their article numbers, the Right to Property that left that list, and the Directive Principles of Part IV that guide the government but cannot be enforced in court.
Why this matters
Six questions in the bank: four EASY, one MODERATE and one HARD, the HARD one from the 2022 paper. Most give a right or a line from an article and ask which group it belongs to, or give a group and ask its articles. Learn the six groups with their article ranges and the exceptions take care of themselves.
Concept 1 of 2: The six Fundamental Rights and their articles
Fundamental Rights are promises the Constitution makes to every person against the government, and a citizen can go to court if one is broken. They sit in Part III and fall into six groups, each a block of articles in a fixed order.
Definition
- Right to Equality (Articles 14 to 18): equality before law; no discrimination on grounds of religion, race, caste, sex or place of birth; equal chance in government jobs; untouchability abolished; titles abolished.
- Right to Freedom (Articles 19 to 22): freedom of speech and expression, to assemble peacefully without arms, to form associations, to move and live anywhere in India, and to follow any profession; protection of life and personal liberty (Article 21); free education for children of 6 to 14 (Article 21A).
- Right against Exploitation (Articles 23 and 24): no trafficking or forced labour; no child below 14 in a factory, mine or hazardous work.
- Right to Freedom of Religion (Articles 25 to 28): to profess, practise and spread one's religion; the State has no religion of its own.
- Cultural and Educational Rights (Articles 29 and 30): minorities may keep their language and culture and run their own schools.
- Right to Constitutional Remedies (Article 32): the right to go to the Supreme Court when a right is broken. Dr Ambedkar called it the heart and soul of the Constitution.
- The rights to equality and freedom of religion are what make the Constitution non-discriminatory and secular.
- Even these freedoms have limits: a citizen may criticise the government or campaign peacefully to change it, but there is no freedom to take part in armed revolt.
| Right | Articles | Example |
|---|---|---|
| Right to Equality | 14 to 18 | Untouchability abolished (Article 17) |
| Right to Freedom | 19 to 22 | Assemble peacefully without arms |
| Right against Exploitation | 23 and 24 | No child below 14 in a factory or mine |
| Right to Freedom of Religion | 25 to 28 | Profess, practise and spread any religion |
| Cultural and Educational Rights | 29 and 30 | Minorities may run their own schools |
| Right to Constitutional Remedies | 32 | Go to the Supreme Court for a broken right |
Practice this conceptself-check · 6 quick reps
The same idea in a practice question:
Practice questionEasy
Example 1 · Fundamental Rights, DPSP and Local Governance · Fundamental Rights and Directive Principles
No one can employ a child below the age of 14 to work in any factory or mine in any hazardous work, with which law the mentioned statement is associated ?
The four article ranges in a row
Freedom is 19 to 22, Exploitation 23 and 24, Religion 25 to 28, Cultural and Educational 29 and 30. Options often print all four ranges, so learn the order of the groups, not single numbers.
Criticism is allowed, armed revolt is not
A citizen may criticise the government, oppose a law peacefully and start a movement to change the government. Taking part in an armed revolution is not a freedom any citizen has.
Child labour is exploitation, not equality
The ban on employing children below 14 in factories, mines and hazardous work is Article 24, part of the Right against Exploitation.
Secular does not mean against religion
A secular State has no religion of its own and treats every religion equally. Every person may still profess, practise and spread a religion under Articles 25 to 28.
Concept 2 of 2: The Right to Property and the Directive Principles
Not every promise in the Constitution is a Fundamental Right. The Right to Property was moved out of the list, and the Directive Principles are goals the government should follow, which no court can force it to meet.
Definition
- The Right to Property was a Fundamental Right until the 44th Amendment (1978) removed it. It is now a constitutional (legal) right under Article 300A.
- The Directive Principles of State Policy are in Part IV, Articles 36 to 51. The idea was taken from the Constitution of Ireland.
- They are not enforceable in a court, but the government is to apply them in making laws.
- The Fundamental Duties are in Article 51A (Part IVA), added by the 42nd Amendment (1976).
| Article | Directive Principle |
|---|---|
| 40 | Organise village panchayats |
| 43 | A living wage for workers |
| 44 | A uniform civil code for all citizens |
| 47 | Better nutrition and public health; prohibition of harmful drinks and drugs |
| 48A | Protect the environment, forests and wildlife |
| 50 | Separate the judiciary from the executive |
| 51 | Promote international peace and security; the last article of Part IV |
Part III (Fundamental Rights) can be enforced in court; Part IV (Directive Principles, Articles 36 to 51) cannot.
Practice this conceptself-check · 5 quick reps
The same idea in a practice question:
Practice questionModerate
Example 2 · Fundamental Rights, DPSP and Local Governance · Fundamental Rights and Directive Principles
Which of the following is a Constitutional right?
Property is no longer a Fundamental Right
Since the 44th Amendment of 1978 the Right to Property is a constitutional right under Article 300A, not a Fundamental Right. A question asking which right is only a constitutional right wants property.
No single article holds all the Directive Principles
The Directive Principles fill Articles 36 to 51. Article 51 is the last of them, on international peace, and Article 51A is the Fundamental Duties, not a Directive Principle.
Goals, not rights you can take to court
A Directive Principle such as a living wage (Article 43) cannot be enforced by a court. When a question asks which can be enforced by the courts, the answer is a Fundamental Right.
Summary — formulas & gotchas at a glance
A revision cheat-sheet for the formulas and gotchas above. Click any concept name to jump back to its full explanation.
Reference tables (2)
The six Fundamental Rights and their articles6 rows
| Right | Articles | Example |
|---|---|---|
| Right to Equality | 14 to 18 | Untouchability abolished (Article 17) |
| Right to Freedom | 19 to 22 | Assemble peacefully without arms |
| Right against Exploitation | 23 and 24 | No child below 14 in a factory or mine |
| Right to Freedom of Religion | 25 to 28 | Profess, practise and spread any religion |
| Cultural and Educational Rights | 29 and 30 | Minorities may run their own schools |
| Right to Constitutional Remedies | 32 | Go to the Supreme Court for a broken right |
The Right to Property and the Directive Principles7 rows
| Article | Directive Principle |
|---|---|
| 40 | Organise village panchayats |
| 43 | A living wage for workers |
| 44 | A uniform civil code for all citizens |
| 47 | Better nutrition and public health; prohibition of harmful drinks and drugs |
| 48A | Protect the environment, forests and wildlife |
| 50 | Separate the judiciary from the executive |
| 51 | Promote international peace and security; the last article of Part IV |
Part III (Fundamental Rights) can be enforced in court; Part IV (Directive Principles, Articles 36 to 51) cannot.
Watch out for (7)
- The four article ranges in a row→ The six Fundamental Rights and their articles
- Criticism is allowed, armed revolt is not→ The six Fundamental Rights and their articles
- Child labour is exploitation, not equality→ The six Fundamental Rights and their articles
- Secular does not mean against religion→ The six Fundamental Rights and their articles
- Property is no longer a Fundamental Right→ The Right to Property and the Directive Principles
- No single article holds all the Directive Principles→ The Right to Property and the Directive Principles
- Goals, not rights you can take to court→ The Right to Property and the Directive Principles
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