Fundamental Rights and Directive Principles (DPSP)

Syllabus Unit: Indian Polity & Governance

Why it matters

Chapter overview

Part III (Fundamental Rights) and Part IV (Directive Principles) together form the Constitution's conscience — one justiciable and individual-rights-focused, the other a non-justiciable roadmap for the state to build a just society. This topic covers the six surviving Fundamental Rights and the five writs that enforce them, the DPSP's philosophy and categories, how courts have repeatedly rebalanced the tension between the two, and the Fundamental Duties added later.

General Studies Paper I Indian Polity & Governance 15%–20% weightage

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Fundamental Rights

1Right to EqualityArticles 14-18

2Right to FreedomArticles 19-22

3Freedom of ReligionArticles 25-28

4Constitutional RemediesArticle 32

1Fundamental Rights & Writs

Part III guarantees six justiciable rights and, uniquely, makes the right to enforce them (Article 32) itself a Fundamental Right — Dr. Ambedkar called it 'the heart and soul' of the Constitution.

Learning Objectives

List the six Fundamental Rights currently in force and their article ranges within Part III.
Explain why the Right to Property was removed from Part III by the 44th Amendment (1978).
Name the five writs and the article(s) under which the Supreme Court and High Courts can issue them.
Distinguish Habeas Corpus, Mandamus and Certiorari by what each writ actually does.

Key Terms

Article 32The 'Right to Constitutional Remedies' — lets any citizen approach the Supreme Court directly to enforce Fundamental Rights; itself a Fundamental Right.

Article 226Empowers High Courts to issue writs — wider than Article 32, since it covers 'any other purpose' beyond just Fundamental Rights.

MandamusA writ commanding a public official, body or lower court to perform a public/statutory duty it has failed to perform.

Article 300AAdded by the 44th Amendment (1978); makes property a mere legal right, not a Fundamental Right, meaning it can be taken by ordinary law without the stringent Article 13 test.

Part III (Articles 12-35) guarantees six Fundamental Rights: Right to Equality (14-18), Right to Freedom (19-22), Right against Exploitation (23-24), Right to Freedom of Religion (25-28), Cultural and Educational Rights (29-30), and Right to Constitutional Remedies (32).

Common MistakeThe original seventh right, Right to Property (Article 31), was removed from Part III by the 44th Amendment Act, 1978, and downgraded to a mere legal right under Article 300A — it can no longer be enforced via Article 32.

The five writs (Articles 32 and 226)

Habeas Corpus ('have the body') — produces a detained person before the court; secures release if detention is illegal.
Mandamus ('we command') — directs a public authority to perform a duty it is legally bound to perform.
Prohibition — issued by a higher court to a lower court/tribunal to stop proceedings that exceed its jurisdiction.
Certiorari — quashes an order already passed by a lower court/tribunal acting beyond its jurisdiction or with a legal error.
Quo Warranto ('by what authority') — questions the legality of a person's claim to a public office.

Article 32 lets a citizen move the **Supreme Court directly** for enforcement of Fundamental Rights only; Article 226 lets a citizen move the **High Court**, which can issue writs for Fundamental Rights AND 'any other purpose' — giving High Courts a technically wider writ jurisdiction.

Exam TipProhibition and Certiorari are often confused: Prohibition is preventive (stops a case mid-way before an order is passed), Certiorari is curative (quashes an order already passed).