🌿 Understanding the Directive Principles of State Policy (DPSP) When we study the Constitution of India, we often divide it into two moral parts —👉 Part III, which deals with Fundamental Rights — what the State cannot do to you, and👉 Part IV, which contains Directive Principles of State Policy — what the State ought…
Criticism of Fundamental Rights Although Part III of the Constitution is called the Magna Carta of India, it has faced several criticisms from scholars, political thinkers, and even from ordinary citizens. Let us analyse these criticisms one by one. Excessive Limitations Lack of Social and Economic Rights Lack of Clarity No Permanency Suspension During Emergency…
Armed Forces and Fundamental Rights (Article 33) Why is this provision needed? Think practically 👇 Hence, the Constitution empowers Parliament (only Parliament, not state legislatures) to restrict or even abrogate (totally take away) the Fundamental Rights of these forces. Key Points about Article 33 These laws restrict rights like: 👉 Even non-combatant staff in armed…
(Article 32) Why is it needed? 👉 This makes FRs real and practical, not just decorative. Dr. Ambedkar’s View Four Provisions of Article 32 Nature of SC’s Role under Article 32 Limits of Article 32 Relation with High Courts (Article 226) 👉 SC has said: though citizens may directly come to SC under Art. 32,…
Article 29 Protection of Interests of Minorities Two Clauses Judicial Interpretation Article 30 Right of Minorities to Establish and Administer Educational Institutions Who are minorities? Rights Guaranteed 👉 Article 29 protects all sections; Article 30 is exclusive to minorities. Types of Minority Educational Institutions (a) Institutions seeking recognition + aid.(b) Institutions seeking only recognition (not…
Context Article 25 Freedom of conscience and free profession, practice and propagation of religion What it means 👉 But: No right to forcibly convert others — because that would violate their freedom of conscience. Scope State’s powers Special provisions Article 26 Freedom to manage religious affairs Who gets this right? 👉 SC has recognised: Rights…
This right ensures that no human being is exploited in an inhuman or unjust manner. It has two provisions: Article 23 Prohibition of traffic in human beings and forced labour What it prohibits 👉 Punishable under Immoral Traffic (Prevention) Act, 1956. Exception Nature of Article 23 👉 That’s why it’s broader than Article 19 rights…
Article 19 Originally Six Rights Guaranteed to Citizens only 👉 Note: These are available only to citizens (not to foreigners or corporations). 👉 They are protected only against State action (not against private individuals). 👉 They are not absolute: can be restricted, but only on grounds mentioned in Article 19 itself. Freedom of Speech &…
Article 14 Article 14 states:👉 “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Notice two key phrases here: Let’s decode them one by one. Equality before Law – Negative Concept Equal Protection of Laws – Positive Concept 🔑 In…
When we read Part III, we should not think that Fundamental Rights are like absolute gifts given without conditions. They have certain characteristics that make them special. Let’s see them one by one: Features of Fundamental Rights Available to Citizens as well as non-Citizens Not Absolute but Qualified Primarily Against the State, Sometimes Against Individuals…
