The document summarizes the Fundamental Rights and Directive Principles enshrined in the Indian Constitution. It discusses that the Fundamental Rights guarantee civil liberties for citizens and prevent state interference in individual liberties, while the Directive Principles provide guidelines for the state to establish a just society. The key Fundamental Rights are right to equality, freedom of speech and religion. Directive Principles aim to promote welfare, justice and equal distribution of resources through a socialist framework. While not judicially enforceable, the state is making efforts to implement the Directive Principles through various laws and policies.

1. FUNDAMENTAL RIGHTS & DIRECTIVE
PRINCIPLES
MADE BY
GUNJAN

2. INTRODUCTION
The Fundamental Rights and Directive Principles had their origins in the Indian independence
movement, which strove to achieve the values of liberty and social welfare as the goals of an
independent Indian state. The development of constitutional rights in India was inspired by
historical documents such as England's Bill of Rights, the United States Bill of Rights and France's
Declaration of the Rights of Man. The demand for civil liberties formed an important part of the
Indian independence movement, with one of the objectives of the Indian National Congress
(INC) being to end discrimination between the British rulers and their Indian subjects. This
demand was explicitly mentioned in resolutions adopted by the INC between 1917 and 1919. The
demands articulated in these resolutions included granting to Indians the rights to equality before
law, free speech, trial by juries composed at least half of Indian members, political power, and
equal terms for bearing arms as British citizens.

3. Fundamental Rights
◦ The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians,
and prevent the State from encroaching on individual liberty while simultaneously placing upon it an
obligation to protect the citizens' rights from encroachment by society.
◦ Seven fundamental rights were originally provided by the Constitution – right to equality, right to
freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right
to property and right to constitutional remedies. However, the right to property was removed from
Part III of the Constitution by the 44th Amendment in 1978.
◦ The purpose of the Fundamental Rights is to preserve individual liberty and democratic principles
based on equality of all members of society. Dr Ambedkar said that the responsibility of the legislature
is not just to provide fundamental rights but also and rather more importantly, to safeguard them.

4. Right to Equality
◦ Equality before Law :- Article 14 of the
constitution guarantees that all citizens shall
be equally protected by the laws of the
country.
◦ Social equality and equal access to
public areas:- Article 15 of the
constitution states that no person shall be
discriminated on the basis of caste, colour,
language etc. Every person shall have equal
access to public places like public parks,
museums, wells, bathing Ghats and temples
etc.

5. ◦ Equality in matters of public employment:- Article 16 of the
constitution lays down that the State cannot discriminate against
anyone in the matters of employment. All citizens can apply for
government jobs
◦Abolition of untouchability :- Article 17 of the constitution
abolishes the practice of untouchability. Practice of untouchability is
an offense and anyone doing so is punishable by law.
◦ Abolition of Titles:- Article 18 of the constitution prohibits the
State from conferring any titles. Citizens of India cannot accept titles
from a foreign State.

6. RIGHT TO FREEDOM
◦ Freedom of Speech and expression,
which enable an individual to participate in
public activities. The phrase, "freedom of
press" has not been used in Article 19, but
freedom of expression includes freedom of
press.
◦ Freedom to assemble peacefully without
arms, on which the State can impose
reasonable restrictions in the interest of
public order and the sovereignty and
integrity of India.

7. ◦ Freedom to form associations or unions on which the State can impose reasonable restrictions
on this freedom in the interest of public order, morality and the sovereignty and integrity
◦ Freedom to move freely throughout the territory of India though reasonable restrictions can
be imposed on this right in the interest of the general public, for example, restrictions may be
imposed on movement and travelling, so as to control epidemics.
◦ Freedom to reside and settle in any part of the territory of India which is also subject to
reasonable restrictions by the State in the interest of the general public or for the protection of
the schedule tribes because certain safeguards as are envisaged here seem to be justified to protect
indigenous and tribal peoples from exploitation and coercion.
◦ Freedom to practice any profession or to carry on any occupation, trade or business on
which the State may impose reasonable restrictions in the interest of the general public. Thus,
there is no right to carry on a business which is dangerous or immoral.

8. RIGHT AGAINST EXPLOITATION
◦ The abolition of trafficking in human
beings and Beggar (forced labour).
◦ Abolition of employment of children
below the age of 14 years in dangerous
jobs like factories and mines.
◦ Beggar, practised in the past by
landlords, has been declared a crime and
is punishable by law.
◦ Trafficking in humans for the purpose
of slave trade or prostitution is also
prohibited by law.

9. RIGHT TO FREEDOM OF RELIGION
According to the Constitution, all
religions are equal before the State and no
religion shall be given preference over the
other. Citizens are free to preach, practice
and propagate any religion of their
choice.
◦ Religious communities can set up
charitable institutions of their own.
◦ Activities in such institutions which are
not religious are performed according to
the laws laid down by the government.
◦ No person shall be compelled to pay
taxes for the promotion of a particular
religion.

10. CULTURAL & EDUCATIONAL
RIGHTS
ARTICLES 29 & 30
◦ Any community which has a language
and a script of its own has the right to
conserve and develop it.
◦ All minorities, religious or linguistic,
can set up their own educational
institutions to preserve and develop their
own culture.

11. RIGHT TO CONSTITUTIONAL
REMEDIES
◦ Right to constitutional remedies
empowers the citizens to move a court
of law in case of any denial of the
fundamental rights.
◦ This procedure of asking the courts to
preserve or safeguard the citizens'
fundamental rights can be done in
various ways. The courts can issue
various kinds of writs. These writs are
habeas corpus, mandamus, prohibition,
quo warranto and certiorari.

12. DIRECTIVE
PRINCIPLES

13. HISTORY
◦ The concept of Directive Principles of State Policy was borrowed from
the Irish Constitution.
◦ The makers of the Constitution of India were influenced by the Irish
nationalist movement.
◦ The principles have been inspired by the Directive Principles given in the
Constitution of Ireland and also by the principles of Gandhi's; and
relate to social justice, economic welfare, foreign policy, and legal and
administrative matters.

14. Definition
The Directive Principles of State Policy are guidelines to the
central and state governments of India, to be kept in mind while
framing laws and policies. These provisions, contained in Part IV
of the Constitution of India, are not enforceable by any court,
but the principles laid down therein are considered fundamental
in the governance of the country, making it the duty of the State
to apply these principles in making laws to establish a just society
in the country.

15. Characteristics
Directive Principal of State Policy's aim to-
 Create social and economic conditions under which the citizens can
lead a good life.
Establish social and economic democracy through a welfare state.
They act as a, yardstick in the hands of the people to measure the performance
of the government.
The Directive Principles are non-justiciable rights of the people.
The Directive Principles, though not justiciable, are fundamental in the
governance of the country.

16. Implementation of the Directive
Principles :-
◦ As mentioned earlier, unlike the fundamental rights which are guaranteed by the
Constitution of India, the Directive Principles do not have a legal sanction and
cannot be enforced in a court of law. However, the State is making every effort to
implement the Directive Principles in as many sectors as possible. The
noteworthy implementation is the 86th constitutional amendment of 2002 which
inserted a new article, Article 21-A, making free education for children below the
age of 14 compulsory. Prevention of Atrocities Act safeguarding the interests of
SC and ST, several Land Reform Acts, Minimum Wage Act (1948), are a few
other examples of the implementation of the Directive Principles. Based on the
guidelines of the Directive Principles, the Indian Army has participated in 37 UN
peace-keeping operations.

17. Categories Of The Directive
Principles :
• Socialistic Directives: This part contains the directives for securing the welfare of the
people of India, equal distribution of the material resources of the country protection of
the fundamental rights of the children and youth, equal pay for equal work, education
etc.
• Gandhian Directives: Under these directives are the guidelines for organising village
Panchayat, prohibition of intoxicating drinks and cow-slaughter, secure living wage,
decent standard of life, and to promote cottage industries, to provide free and
compulsory education to all children up to 14 years of age etc.
• Liberal Intellectual Directives: In this section there are guidelines for uniform civil
code throughout the country and the legislatures to follow in issuing orders or making
laws.

18. Some Features Of The Directive
Principles :-
• The State should strive to promote the welfare of the people.
• Maintain social order through social, economic and political justice.
• The State should strive towards removing economic inequality.
• Removal of inequality in status and opportunities.
• To secure adequate means of livelihood for the citizens.
• Equal work opportunity for both men and women.
• Prevent concentration of wealth in specific pockets through uniform distribution of the material resources
amongst all the strata of the society.
• Prevention of child abuse and exploitation of workers.
• Protection of children against moral and material abandonment.

19. Amendments :-
• Changes in Directive Principles require a Constitutional amendment which has to be passed by a special
majority of both houses of the Parliament. This means that an amendment requires the approval of two-
thirds of the members present and voting. However, the number of members voting should not be less than
the simple majority of the house – whether the Lok Sabha or Rajya Sabha.
 Article31-C, inserted into the Directive Principles of State Policy by the 25th Amendment Act of 1971 seeks
to upgrade the DPSPs. If laws are made to give effect to the Directive Principles over Fundamental Rights,
they shall not be invalid on the grounds that they take away the Fundamental Rights.
 Article45, which ensures Provision for free and compulsory education for children, was added by the 86th
Amendment Act, 2002.
 Article48-A, which ensures Protection and improvement of environment and safeguarding of forests and wild
life, was added by the 42nd Amendment Act, 1976.

20. THANK YOU