⚖️ Fundamental Rights vs Directive Principles — A Comparison Aspect Fundamental Rights (Part III) Directive Principles (Part IV) 1. Nature Negative – prohibit State from doing certain things. Positive – require the State to do certain things. 2. Enforceability Justiciable – enforceable by courts. Non-justiciable – not enforceable by courts. 3. Objective Establish political democracy….
🌱 New Directive Principles — Evolution Through Amendments The story of the Directive Principles of State Policy (DPSP) doesn’t end with the original Constitution.Over time, as India’s society and economy evolved, Parliament added new principles to reflect emerging priorities — like environment, education, workers’ rights, and co-operatives. Let’s trace them chronologically: 1️⃣ 42nd Amendment Act,…
🌿 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 &…
