Indian Polity:
Preamble, Fundamental Rights & Duties, DPSP
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PART 01
The Preamble
No Article Number
"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, Social, Economic and Political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the
unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
Words added by 42nd Amendment (1976): "Socialist", "Secular", and "Integrity" were inserted by the 42nd Constitutional Amendment Act, 1976 during the Emergency period under PM Indira Gandhi. Original Preamble had only Sovereign Democratic Republic.
KEY FACTS — PREAMBLE
- Adopted: 26 November 1949 (Constitution Day / National Law Day)
- Enacted: 26 January 1950 (Republic Day)
- Drafted by: Dr. B.R. Ambedkar (Chairman, Drafting Committee)
- Inspired by: Objectives Resolution moved by Jawaharlal Nehru on 13 Dec 1946
- Described by K.M. Munshi as the "political horoscope" of the Constitution
- N.A. Palkhivala called it "identity card of the Constitution"
- Preamble is part of Constitution: Confirmed in Kesavananda Bharati case (1973)
- Not enforceable: Courts cannot enforce the Preamble directly
- Source of sovereign power: "We, the People of India"
DECODE THE PREAMBLE — 5 KEYWORDS
- Sovereign: India is free from external control; no foreign power has authority
- Socialist: State ownership of key sectors; reduce inequality; added 1976
- Secular: No state religion; equal respect to all religions; added 1976
- Democratic: People elect representatives; universal adult franchise
- Republic: Elected Head of State (President), not hereditary monarchy
IMPORTANT CASES — PREAMBLE
- Berubari Union Case (1960): SC held Preamble is NOT part of Constitution; cannot be used to expand legislative power
- Kesavananda Bharati v. State of Kerala (1973): 13-judge bench — Preamble IS part of Constitution; Parliament can amend but CANNOT alter basic structure
- S.R. Bommai v. Union of India (1994): Secularism declared a basic structure feature
- Excel Wear v. Union of India (1978): SC recognized "Socialist" feature post-42nd Amendment
AMENDMENT HISTORY — PREAMBLE
1949
Original Preamble adopted — Sovereign Democratic Republic with Justice, Liberty, Equality, Fraternity
1976
42nd Amendment — "Socialist", "Secular" and "Integrity" added. Only amendment to Preamble ever made. PM: Indira Gandhi
* * *
PART 02
Fundamental Rights
Art. 12-35 • Part III
OVERVIEW
- Part III (Articles 12–35) — called "Magna Carta of India" (borrowed from USA)
- 6 Fundamental Rights currently (was 7; Right to Property removed by 44th Amendment 1978)
- Originally Article 31 — Right to Property was 7th FR; now only a legal right under Art. 300A
- Art. 13: Any law inconsistent with FRs is void — doctrine of judicial review
- Art. 12: Defines "State" for Part III — includes Parliament, State Legislatures, local bodies, authorities
- FRs are justiciable — can be enforced through courts (Art. 32 — Dr. Ambedkar called it "heart and soul")
- FRs can be suspended during Emergency (Art. 359) except Arts. 20 & 21
| ARTICLES | RIGHT | KEY PROVISIONS |
|---|---|---|
| Art. 14–18 | Right to Equality | Equality before law; no discrimination on religion, race, caste, sex, place of birth; equality of opportunity in public employment; abolition of untouchability (Art.17); abolition of titles (Art.18)Art.17 — Untouchability offence punishable |
| Art. 19–22 | Right to Freedom | 6 freedoms under Art.19: speech & expression, assembly, association, movement, residence, profession. Art.20: protection against conviction. Art.21: right to life & liberty. Art.21A: free education (added by 86th Amdt. 2002). Art.22: protection against arrestArt.21 — most litigated FR; expanded by courts |
| Art. 23–24 | Right against Exploitation | Art.23: prohibition of traffic in human beings, forced labour (begar). Art.24: prohibition of child labour in factories/mines (below 14 yrs)Art.23 applies to private individuals too |
| Art. 25–28 | Right to Freedom of Religion | Freedom of conscience and free profession, practice, propagation of religion. Art.26: religious denominations can manage affairs. Art.27: no tax for promotion of any religion. Art.28: no religious instruction in state-funded schoolsNot absolute; subject to public order, morality, health |
| Art. 29–30 | Cultural & Educational Rights | Art.29: right of minorities to conserve language/script/culture. Art.30: right of minorities (religious or linguistic) to establish and administer educational institutionsMinority can be religious OR linguistic |
| Art. 32 | Right to Constitutional Remedies | Right to move SC for enforcement of FRs. Five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo WarrantoDr. Ambedkar: "Heart and soul of Constitution" |
Art. 19
Six Freedoms (Protection of certain rights regarding freedom of speech, etc.)
Originally 7 freedoms; Right to acquire, hold & dispose of property removed by 44th Amendment (1978) — Morarji Desai govt.
19(1)(a) Speech & Expression
19(1)(b) Peaceful Assembly
19(1)(c) Form Associations
19(1)(d) Move Freely
19(1)(e) Reside & Settle
19(1)(g) Practice Profession
Reasonable Restrictions: Art. 19(2)–19(6) — State can restrict on grounds of sovereignty, security, public order, decency, morality, contempt of court, defamation, incitement to offence.
Art. 21
Right to Life and Personal Liberty — Most Expansive FR
"No person shall be deprived of his life or personal liberty except according to procedure established by law." (India follows procedure est. by law, not due process like USA)
Maneka Gandhi v. Union of India (1978): SC expanded Art.21 — procedure must be just, fair and reasonable (not arbitrary). Merged Art.14, 19 & 21 — "Golden Triangle".
Rights read into Art. 21 by courts: Right to live with dignity • Right to livelihood • Right to health • Right to education (before 86th Amdt.) • Right to privacy (Puttaswamy case 2017) • Right to food • Right to clean environment • Right to speedy trial • Right to legal aid
Cannot be suspended even during Emergency (Arts. 20 & 21 remain operative always — 44th Amendment 1978).
Art. 21A
Right to Education (Free & Compulsory)
Added by 86th Constitutional Amendment Act, 2002 — PM Atal Bihari Vajpayee. Provides free and compulsory education to children aged 6-14 years. Implemented through Right to Education Act (RTE), 2009.
ART. 32 — FIVE CONSTITUTIONAL WRITS (EXAM FAVOURITE)
- Habeas Corpus ("have the body") — produce the detained person before court; against illegal detention
- Mandamus ("we command") — direct a public authority to perform its legal duty
- Prohibition — prevent inferior court from exceeding jurisdiction; only against judicial/quasi-judicial bodies
- Certiorari ("to be informed") — quash order of inferior court/tribunal; after decision
- Quo Warranto ("by what authority") — challenge illegal occupation of public office
Art. 32 vs Art. 226: Art. 32 — only SC; only for FR enforcement. Art. 226 — High Courts; can issue writs for any purpose (wider scope). Both are original jurisdiction. HC under Art.226 has wider power but Art.32 is a FR itself.
KEY AMENDMENTS AFFECTING FUNDAMENTAL RIGHTS
1st (1951)
Added 9th Schedule; Saved land reform laws from FR challenge; PM Nehru
24th (1971)
Parliament can amend any part including FRs (response to Golak Nath case); PM Indira Gandhi
44th (1978)
Right to Property removed from FRs (Art.31 deleted) → became Art.300A; Arts.20 & 21 cannot be suspended even in emergency; PM Morarji Desai
86th (2002)
Art.21A added — free education for 6-14 yr olds; Art.45 amended; Art.51A(k) added; PM Atal Bihari Vajpayee
97th (2011)
Right to form co-operative societies added to Art.19(1)(c); Art.43B and Part IXB added; PM Manmohan Singh
LANDMARK CASES — FUNDAMENTAL RIGHTS
- A.K. Gopalan v. State of Madras (1950): Early narrow interpretation of Art.21 — each article read separately
- Shankari Prasad v. Union of India (1951): Parliament can amend FRs under Art.368
- Golak Nath v. State of Punjab (1967): FRs cannot be amended by Parliament (overruled by Kesavananda)
- Kesavananda Bharati v. Kerala (1973): Parliament can amend FRs but cannot destroy basic structure
- Indira Gandhi v. Raj Narain (1975): Free & fair election = basic structure
- Maneka Gandhi v. UOI (1978): Expanded Art.21; Golden Triangle of Arts.14, 19, 21
- Minerva Mills v. UOI (1980): Balance between FRs and DPSP = basic structure
- Unni Krishnan v. State of AP (1993): Right to education (up to 14 yrs) = part of Art.21
- Justice K.S. Puttaswamy v. UOI (2017): Right to Privacy = fundamental right under Art.21; 9-judge bench
- Navtej Singh Johar v. UOI (2018): Sec 377 IPC struck down; consensual same-sex relations decriminalised
* * *
PART 03
Directive Principles of State Policy
Art. 36-51 • Part IV
OVERVIEW — DPSP
- Part IV (Articles 36–51) — borrowed from Irish Constitution (Ireland)
- Non-justiciable — cannot be enforced in courts (unlike FRs)
- Represent positive obligations of the State (what State should do)
- Dr. B.R. Ambedkar called DPSP — "novel feature" of Indian Constitution
- Granville Austin described: FRs = negative obligations; DPSP = positive obligations
- DPSP + FRs together = "Conscience of the Constitution"
- In conflict, FRs prevail (Art.13) but Parliament can amend FRs to implement DPSP (42nd Amdt.)
- Art. 37 — DPSP are fundamental in governance; State must apply these principles in making laws
| ASPECT | FUNDAMENTAL RIGHTS (Part III) | DPSP (Part IV) |
|---|---|---|
| Articles | Art. 12-35 | Art. 36-51 |
| Nature | Negative obligations (State shall NOT) | Positive obligations (State SHALL) |
| Justiciability | Justiciable (enforceable in court) | Non-justiciable (not enforceable) |
| Borrowed from | USA (Bill of Rights) | Ireland (Irish Constitution) |
| Priority | Prevails over DPSP in court | Parliament can amend FRs to implement DPSP |
| Purpose | Protect individual liberty | Social & economic democracy |
Socialistic DPSP
Economic & Social JusticeArt. 38
Social order for welfare — State to promote welfare; minimise inequalities (amended by 44th Amdt 1978 to add "inequalities in status, facilities, opportunities")
Art. 39
Certain policy principles — equal pay for equal work (men & women); adequate means of livelihood; ownership of material resources for common good; prevent concentration of wealth; health of workers & children
Art. 39A
Equal justice & free legal aid — added by 42nd Amendment 1976; basis for Legal Services Authority Act 1987
Art. 41
Right to work, education and public assistance — in cases of unemployment, old age, sickness, disablement
Art. 42
Just & humane conditions of work — maternity relief; basis for Maternity Benefit Act
Art. 43
Living wage for workers — with decent standard of living, leisure and social/cultural opportunities; cottage industries
Art. 43A
Participation of workers in management — added by 42nd Amendment 1976
Art. 47
Duty of State to raise level of nutrition & standard of living — prohibition of intoxicating drinks & drugs injurious to health
Gandhian DPSP
Inspired by Gandhian IdeologyArt. 40
Organisation of village panchayats — basis for 73rd Amendment (Panchayati Raj); self-government at grassroots
Art. 43
Promotion of cottage industries — on individual/cooperative basis in rural areas
Art. 43B
Promotion of co-operative societies — added by 97th Amendment 2011
Art. 46
Promotion of educational & economic interests of SC/ST and weaker sections
Art. 47
Prohibition of intoxicating drinks & drugs — nutritional standards; part of Gandhian prohibition ideology
Art. 48
Organisation of agriculture & animal husbandry — prohibition of cow slaughter; preserve breeds
Liberal-Intellectual DPSP
Classical Liberal / International OrderArt. 44
Uniform Civil Code (UCC) — one personal law for all citizens; most debated DPSP; recent SC judgments urge Parliament to legislate
Art. 45
Free & compulsory education for children below 6 yrs (amended by 86th Amdt 2002; original article covered 6-14 yrs which became Art.21A FR)
Art. 48
Modern & scientific agriculture — improve breeds; prohibition of slaughter of milch and draught cattle
Art. 48A
Protection of environment & safeguarding forests & wildlife — added by 42nd Amendment 1976; basis for environment protection laws
Art. 49
Protection of monuments & places of national importance — of artistic/historic interest
Art. 50
Separation of judiciary from executive — in public services; basis for independent judiciary
Art. 51
Promotion of international peace & security — respect international law; settle international disputes by arbitration; basis for India's foreign policy
DPSP Added by Amendments: Art.39A, 43A, 48A — added by 42nd Amendment (1976). Art.43B — added by 97th Amendment (2011). These are frequently asked in competitive exams.
KEY CASES — FR vs DPSP CONFLICT
- State of Madras v. Champakam Dorairajan (1951): FRs prevail over DPSP; led to 1st Amendment (9th Schedule)
- Golaknath case (1967): FRs cannot be amended; Parliament responded with 24th Amdt
- Kesavananda Bharati (1973): Balance between FRs & DPSP; basic structure cannot be destroyed
- Minerva Mills v. UOI (1980): Harmony between FRs & DPSP = basic structure; struck down 42nd Amdt clauses that gave DPSP absolute primacy
- Waman Rao v. UOI (1981): Laws in 9th Schedule after 24-Apr-1973 can be challenged for FR violation
* * *
PART 04
Fundamental Duties
Art. 51A • Part IV-A
OVERVIEW — FUNDAMENTAL DUTIES
- Part IV-A, Article 51A — not in original Constitution
- Added by 42nd Amendment Act, 1976 (Swaran Singh Committee recommendation) — originally 10 duties
- 11th duty added by 86th Amendment Act, 2002 — duty of parents/guardians to provide education to children aged 6-14
- Borrowed from Constitution of USSR (Soviet Union)
- Non-justiciable — cannot be enforced by courts directly
- Only for Indian citizens (not applicable to foreigners/aliens)
- Verma Committee (1999) — recommended making some duties legally enforceable through legislature
- 51A(a)To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
- 51A(b)To cherish and follow the noble ideals which inspired the national struggle for freedom
- 51A(c)To uphold and protect the sovereignty, unity and integrity of India
- 51A(d)To defend the country and render national service when called upon to do so
- 51A(e)To promote harmony and spirit of common brotherhood; renounce practices derogatory to women's dignity
- 51A(f)To value and preserve the rich heritage of composite culture
- 51A(g)To protect and improve the natural environment including forests, lakes, rivers, wildlife; compassion for living creatures
- 51A(h)To develop the scientific temper, humanism and spirit of inquiry and reform
- 51A(i)To safeguard public property and to abjure violence
- 51A(j)To strive towards excellence in all spheres of individual and collective activity
- 51A(k)NEW (86th Amdt. 2002): It shall be duty of every parent/guardian to provide opportunities for education to his child/ward between the age of six and fourteen years
Memory Trick: Abide Constitution • Cherish freedom • Uphold integrity • Defend country • Promote harmony • Value heritage • Protect environment • Develop scientific temper • Safeguard public property • Strive excellence • Educate children
* * *
EXAM CRUX — 60-Second Revision
PREAMBLE FACTS
- Adopted: 26 Nov 1949
- Enacted: 26 Jan 1950
- 42nd Amdt 1976: Socialist, Secular, Integrity added
- Only 1 amendment to Preamble
- Objectives Resolution → Nehru, 13 Dec 1946
- Kesavananda 1973: Preamble = part of Constitution
FUNDAMENTAL RIGHTS
- Part III • Art. 12-35 • 6 rights now
- 7th FR (Property) removed: 44th Amdt 1978
- Art.21A added: 86th Amdt 2002
- Art.21 = most expanded; Privacy = 2017
- Art.32 = Heart & Soul (Ambedkar)
- Arts.20 & 21 cannot be suspended ever
DPSP KEY ARTICLES
- Part IV • Art. 36-51 • Ireland
- Art.39A, 43A, 48A: 42nd Amdt 1976
- Art.43B: 97th Amdt 2011
- Art.44 = UCC • Art.50 = Sep. Judiciary
- Art.51 = Intl. peace • Art.40 = Panchayats
- Non-justiciable but fundamental in governance
FUNDAMENTAL DUTIES
- Part IV-A • Art. 51A • USSR inspired
- 10 duties: 42nd Amdt 1976 (Swaran Singh Cttee)
- 11th duty: 86th Amdt 2002
- Only for citizens; non-justiciable
- 51A(k) = educate children 6-14 yrs
- Verma Cttee 1999 recommended enforcement
* * *
Previous Year Questions (PYQs)
UPSC • JKPSC • JKSSB • PSC — 25 Selected Questions
With reference to the Preamble of the Indian Constitution, consider the following: The Preamble was amended once to add the words "Socialist" and "Secular". When was this amendment made?
Answer: (b) The 42nd Constitutional Amendment Act, 1976 inserted "Socialist", "Secular" and "Integrity" into the Preamble during Emergency. PM Indira Gandhi.
Which of the following is described by Dr. B.R. Ambedkar as the "heart and soul" of the Indian Constitution?
Answer: (d) Dr. Ambedkar called Art.32 the "heart and soul" of the Constitution because without it, FRs would be meaningless — it gives the right to approach SC directly for FR enforcement.
The Fundamental Duties of citizens were added to the Constitution of India by which Constitutional Amendment?
Answer: (b) 42nd Amendment 1976 added Part IV-A (Art.51A) containing 10 Fundamental Duties on the recommendation of the Swaran Singh Committee.
Which Article of the Indian Constitution abolishes 'Untouchability' and forbids its practice in any form?
Answer: (d) Article 17 abolishes untouchability and makes its practice a punishable offence. The Protection of Civil Rights Act, 1955 gives effect to this provision.
The Directive Principles of State Policy (DPSP) in the Indian Constitution are borrowed from the Constitution of which country?
Answer: (c) DPSP are borrowed from the Irish Constitution (Ireland). FRs are from USA, Parliamentary system from UK, federal structure from Canada.
The Right to Property was removed from the list of Fundamental Rights by which Constitutional Amendment?
Answer: (c) 44th Amendment 1978 (PM Morarji Desai, Janata Party) deleted Art.19(1)(f) and Art.31 from FRs. Right to Property became a mere legal right under Article 300A.
Which writ is issued by a court to produce a person before it who has been illegally detained?
Answer: (a) Habeas Corpus means "have the body". It directs the detaining authority to produce the person in court and justify the detention. Most important writ for personal liberty.
The concept of "Judicial Review" in India was borrowed from which country?
Answer: (b) Judicial Review (power of courts to review laws) is borrowed from USA. In India, Art.13 gives this power — any law inconsistent with FRs is void.
Which Article of the Constitution directs the State to secure a Uniform Civil Code for citizens?
Answer: (c) Article 44 — "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." It is a DPSP — non-justiciable but a key constitutional direction.
How many Fundamental Duties are currently listed under Article 51A of the Indian Constitution?
Answer: (c) Originally 10 duties were added by 42nd Amendment (1976). The 11th duty — to provide education to children aged 6-14 — was added by the 86th Amendment Act, 2002.
In the landmark Kesavananda Bharati case (1973), the Supreme Court propounded the doctrine of:
Answer: (c) In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench held that Parliament can amend the Constitution but cannot alter its "basic structure." This limits Parliament's amending power under Art.368.
Which of the following rights is available to Indian citizens only and NOT to foreign nationals?
Answer: (c) Art.19 rights are available ONLY to citizens. Arts. 14, 20, 21, 23, 25, 27, 28 are available to all persons (citizens and foreigners) in India.
The Right to Free and Compulsory Education (Art. 21A) was given to children in the age group of:
Answer: (b) Article 21A (86th Amendment, 2002) provides free and compulsory education to all children aged 6-14 years. Implemented through RTE Act, 2009.
The Directive Principles of State Policy are non-justiciable. This means:
Answer: (c) Non-justiciable means courts cannot compel the government to implement DPSP. But they are "fundamental in the governance of the country" (Art.37) and guide policy-making.
Which one of the following is NOT among the six Fundamental Rights guaranteed by the Indian Constitution?
Answer: (c) Right to Property (Art.31) was removed from the list of FRs by the 44th Amendment (1978). It is now only a legal right under Art.300A. Current 6 FRs: Equality, Freedom, Against Exploitation, Religion, Cultural/Educational, Constitutional Remedies.
Article 50 of the Constitution directs the State to take steps to separate which two organs?
Answer: (c) Article 50 (DPSP) — "The State shall take steps to separate the judiciary from the executive in the public services of the State." This is a Gandhian/Liberal-Intellectual DPSP promoting judicial independence.
During a National Emergency, which of the following Fundamental Rights CANNOT be suspended?
Answer: (c) Under Article 359, the President can suspend enforcement of FRs during Emergency. But Articles 20 and 21 CANNOT be suspended under any circumstances — guaranteed by 44th Amendment (1978).
Right to Privacy as a Fundamental Right was upheld by the Supreme Court of India in which case?
Answer: (c) In Justice K.S. Puttaswamy v. Union of India (2017), a 9-judge Constitution bench unanimously held that Right to Privacy is a fundamental right under Article 21 of the Constitution.
The Objectives Resolution, which inspired the Preamble, was moved in the Constituent Assembly by:
Answer: (b) Jawaharlal Nehru moved the Objectives Resolution in the Constituent Assembly on 13 December 1946. It was adopted on 22 January 1947 and became the basis for the Preamble.
Which writ can be issued only against judicial or quasi-judicial bodies to stop them from exceeding their jurisdiction BEFORE giving a decision?
Answer: (b) Prohibition is issued before the lower court/tribunal passes an order — it prevents them from exceeding jurisdiction. Certiorari is issued after the decision to quash it. Both apply only to judicial/quasi-judicial bodies.
Article 39A, which deals with equal justice and free legal aid, was added to the Constitution by which amendment?
Answer: (b) Art.39A (equal justice and free legal aid), Art.43A (worker participation in management) and Art.48A (environment protection) were all added by the 42nd Amendment Act, 1976 — the "mini-Constitution" amendment.
Which Fundamental Right under Article 23 specifically prohibits forced labour and traffic in human beings?
Answer: (b) Art.23 (Right against Exploitation) prohibits: (i) traffic in human beings, (ii) begar (forced labour without payment), (iii) other forms of forced labour. It applies to both State and private individuals — unique feature.
Which of the following cases held that the Preamble is a part of the Constitution of India?
Answer: (c) In Berubari Union (1960), SC said Preamble is NOT part of Constitution. In Kesavananda Bharati (1973), the 13-judge bench overruled this and held that the Preamble IS part of the Constitution and can be used for interpretation.
Fundamental Duties in India are inspired by the constitution of which country?
Answer: (c) The concept of Fundamental Duties was borrowed from the former USSR (Soviet Union) Constitution. The Swaran Singh Committee (1976) recommended adding these duties to the Indian Constitution.
Consider the following statements about DPSP and Fundamental Rights (FRs):
1. Both FRs and DPSP are justiciable.
2. In case of conflict, FRs generally prevail over DPSP.
3. Parliament cannot amend FRs to implement DPSP.
Which of the above statements is/are correct?
Answer: (b) Statement 1 is WRONG — DPSP are non-justiciable. Statement 2 is CORRECT — FRs prevail (Champakam case 1951). Statement 3 is WRONG — Parliament CAN amend FRs to implement DPSP (42nd Amendment gave it primacy; Minerva Mills balanced it).