Indian Constitution – Part III, IV & IV-A

Hello readers, last week we have discussed about the Indian Constitution – Drafting and Features. Today we will move further and take a look on its most important part viz. Fundamental Rights, Fundamental Duties and Directive Principles of State Policy.

 

Fundamental rights

The Part III of our Indian constitution defines Fundamental Rights as the basic human rights of all citizens irrespective of race, place of birth, religion, caste, creed or gender. Our Constitution has provided 6 Fundamental duties which are briefed in the following table.

Fundamental Rights

 

Directive Principles of State Policy

 

The Part IV of our Indian constitution defines Directive Principles of State Policy as the instructor for the framing of laws by the State.

    Arrow  The State is defined by Article 12. It includes the Government and Parliament of India and the Government and the Legislature of each of the states and all local or other authorities within the territory of India or under the control of the Government of India.

  • The Directive Principles of State Policy are stated under Articles 36 to 51 of Indian constitution. Article 36 and 37 contain the definition and application of the Principles.
  • The Directive Principles of State Policy were borrowed from the constitution of Ireland.

The Directive Principles may be classified into three broad categories:

Socialistic Directives

Gandhian Directives

Liberal Intellectual Directives

 

Important Points

  • The Directive Principles require to be implemented by legislation while fundamental rights already provided in the Constitution.
  • The Directives are not enforceable in court and do not create any justiciable rights in favor of individuals, while the fundamental rights are enforceable by the courts.
  • In case of any conflict between fundamental rights and directive principles, the former should prevail in the court.

 

Fundamental Duties

 

The Part IV-A of the Indian Constitution defines Fundamental Duties as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.

By the 42nd Amendment Act, 1976 – Article 51A to the constitution, passed in November 1986, certain fundamental duties have been added. There are 11 fundamental duties, which are given below:

Fundamental Duties

ArrowThe 11th Fundamental Duty was added by the 86th Constitutional Amendment act, 2002.

 

 

With this we have completed Today’s topic. Hope you have learned today.

We will post Quiz on Indian Constitution – Part III, IV & IV-A in Today’s Cracking Session

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