Constitution of India - Fundamental Rights, Directive Principles, and Governance

Right to Constitutional Remedies

  • Article 32
    • Right to Move Supreme Court: The Constitution guarantees the right to move the Supreme Court for the enforcement of rights conferred by Part III.
    • Supreme Court's Powers: The Supreme Court can issue directions, orders, or writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari as necessary.
    • Parliament's Role: Parliament can empower other courts to exercise these powers within their jurisdiction.
    • Suspension of Rights: The rights under this article cannot be suspended unless otherwise stated in the Constitution.

Legislative Powers on Rights Modification

  • Article 33: Parliament can modify the application of rights conferred by Part III for:
    • Members of Armed Forces,
    • Forces maintaining public order,
    • Intelligence organizations,
    • Personnel involved in telecommunication systems for these forces.

Restrictions under Martial Law

  • Article 34: During martial law, Parliament may indemnify any person for acts related to maintenance or restoration of order or validate punishments and acts done under martial law.

Legislation for Enforcement of Rights

  • Article 35:
    • Only Parliament has the power to make laws regarding matters described in Article 16(3), 32(3), 33, and 34.
    • All existing laws before the Constitution's commencement related to these matters will continue until altered or repealed.

Directive Principles of State Policy

  • Article 36: Definition of the State aligns with Part III.
  • Article 37: The principles in this part are fundamental; they are not enforceable by courts but should guide state policy.

Promotion of Welfare

  • Article 38: The State must promote a social order to secure justice—social, economic, and political, and strive to minimize inequalities.
    • Sub-Article 2: Specifically aims to eliminate income inequality and opportunities between different groups.

Policy Directives on Economic Rights

  • Article 39: The State should ensure:
    • Adequate livelihood rights for citizens (39a).
    • Control of community resources for greater welfare (39b).
    • Avoid concentration of wealth (39c).
    • Equal pay for equal work (39d).
    • Protection of health and physical capabilities (39e).

Children's Rights to Development

  • Article 39(f): Ensures opportunities for children to develop healthily in dignified conditions free from exploitation.

Equal Justice and Legal Aid

  • Article 39A: The State must ensure that the legal system promotes justice on an equal opportunity basis, providing free legal aid.

Step for Local Governance

  • Article 40: The State shall organize village panchayats as units of self-government.

Right to Work and Education

  • Article 41: The State shall provide effective provisions for the right to work, education, and public assistance in times of need.

Conditions for Workers

  • Article 42: The State shall provide just and humane working conditions including maternity relief.
  • Article 43: The State shall ensure a living wage and decent working conditions for all workers.

Participation of Workers in Management

  • Article 43A: Encourages worker participation in management of industries through legislation.

Co-operative Societies Support

  • Article 43B: The State shall promote cooperative societies' functioning and management.

Uniform Civil Code

  • Article 44: The State shall strive for a uniform civil code for all citizens.

Education for Young Children

  • Article 45: The State’s aim is to provide early childhood care and education for all children under six.

Social Advancement for Weaker Sections

  • Article 46: The State shall promote educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections, protecting them from exploitation.

Health and Nutrition

  • Article 47: The State’s primary duties include improving nutrition levels and public health and prohibiting harmful substances.

Agricultural Progress

  • Article 48: The State should ensure modern and scientific agricultural practices.
    • Steps towards livestock preservation and banning cow and calf slaughter are included.

Environmental Protection

  • Article 48A: The State must protect the environment, forests, and wildlife.

Safeguarding National Heritage

  • Article 49: The State has the obligation to protect monuments and historic sites from destruction and spoliation.

Separation of Judiciary and Executive

  • Article 50: Mandates the separation of the judiciary from the executive in public services.

Promotion of Peace Internationally

  • Article 51: The State shall promote international peace, secure honorable relations with other nations, and encourage arbitration for disputes.