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TOPIC 04 — FR, DPSP & Fundamental Duties

Topic 04 of 6 · Chapter 03 · Indian Polity

Fundamental Rights, DPSP & Fundamental Duties

The trinity of rights and duties — how they complement each other and their constitutional significance.

📋 In This Article

  1. Fundamental Rights — Overview
  2. Directive Principles of State Policy — Overview
  3. Fundamental Duties — Overview
  4. Comparison Table
  5. Key Points for Exam

1. Fundamental Rights — Overview

Fundamental Rights are the basic rights guaranteed to all citizens by the Constitution. They are contained in Part III (Articles 12–35) of the Constitution.

💡 Six Fundamental Rights:
  • Right to Equality (Articles 14–18)
  • Right to Freedom (Articles 19–22)
  • Right Against Exploitation (Articles 23–24)
  • Right to Freedom of Religion (Articles 25–28)
  • Cultural and Educational Rights (Articles 29–30)
  • Right to Constitutional Remedies (Article 32)
⭐ Note: Originally there were 7 Fundamental Rights. The Right to Property (Article 31) was removed by the 44th Amendment (1978) and made a legal right under Article 300A. Now there are only 6 Fundamental Rights.
✅ Dr. Ambedkar on Article 32: Dr. B.R. Ambedkar called Article 32 (Right to Constitutional Remedies) the “heart and soul of the Constitution.” Without this right, all other Fundamental Rights would be meaningless.

2. Directive Principles of State Policy — Overview

DPSPs are guidelines for the government to follow while making laws and policies. They are contained in Part IV (Articles 36–51).

  • DPSPs are non-justiciable — cannot be enforced in a court of law
  • They represent the positive obligations of the state
  • Borrowed from the Irish Constitution
  • Three types: Socialistic, Gandhian, Liberal-Intellectual
💡 Granville Austin: Called Fundamental Rights and DPSP the “conscience of the Constitution.” He said they together aim at creating a social revolution in India.

3. Fundamental Duties — Overview

Fundamental Duties are the moral obligations of citizens towards the state and society. They are contained in Part IVA (Article 51A).

  • Added by 42nd Amendment (1976) — originally 10 duties
  • 11th duty added by 86th Amendment (2002) — duty of parents to provide education to children
  • Inspired by the Soviet Constitution (USSR)
  • Based on Swaran Singh Committee recommendations
  • Fundamental Duties are non-justiciable — not enforceable in court

4. Comparison Table

FeatureFundamental RightsDPSPFundamental Duties
PartPart III (Art. 12–35)Part IV (Art. 36–51)Part IVA (Art. 51A)
Justiciable?Yes — enforceable in courtNo — not enforceableNo — not enforceable
NatureNegative obligations on StatePositive obligations on StateObligations on Citizens
SourceUSAIrelandUSSR (Soviet)
AddedOriginal Constitution (1950)Original Constitution (1950)42nd Amendment (1976)
Number6 rightsMultiple directives11 duties

5. Key Points for Exam

🔑 Must-Remember Facts

  • Fundamental Rights — Part III, Articles 12–35, justiciable
  • DPSP — Part IV, Articles 36–51, non-justiciable
  • Fundamental Duties — Part IVA, Article 51A, non-justiciable
  • Originally 7 FR; Right to Property removed by 44th Amendment (1978)
  • Now 6 Fundamental Rights
  • Article 32 = “heart and soul of the Constitution” — Dr. Ambedkar
  • FR + DPSP = “conscience of the Constitution” — Granville Austin
  • FR from USA; DPSP from Ireland; FD from USSR
  • FD added by 42nd Amendment (1976) — 10 duties
  • 11th FD added by 86th Amendment (2002)
  • FD based on Swaran Singh Committee recommendations
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