The legal architecture of civil rights in India — Part III and Part IV of the Constitution.
Overview
Part III of the Constitution of India, adapted from the United States Bill of Rights and the
Irish Constitution, guarantees six categories of Fundamental Rights that are justiciable — that is,
enforceable by courts. These rights are not absolute; they are subject to reasonable restrictions
in the interest of public order, morality, and the sovereignty and integrity of India.
Alongside Fundamental Rights, the Directive Principles of State Policy (Part IV) provide non-justiciable
but "fundamental in the governance of the country" directives that guide the legislature and executive
in promoting social and economic welfare.
Fundamental Rights (Part III, Articles 12–35)
Distribution of Constitutional Rights Articles
Right to Equality (Articles 14–18): Equality before law (Article 14);
prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15);
equality of opportunity in public employment (Article 16); abolition of untouchability (Article 17);
abolition of titles (Article 18).
Right to Freedom (Articles 19–22): Six freedoms — speech and expression,
assembly, association, movement, residence, and profession (Article 19); protection in respect of
conviction for offences (Article 20); protection of life and personal liberty (Article 21);
right to education (Article 21A); protection against arrest and detention (Article 22).
Right against Exploitation (Articles 23–24): Prohibition of human trafficking
and forced labour (Article 23); prohibition of employment of children in hazardous industries (Article 24).
Right to Freedom of Religion (Articles 25–28): Freedom of conscience and
free profession, practice, and propagation of religion (Article 25); freedom to manage religious
affairs (Article 26); freedom from taxation for promotion of any religion (Article 27); freedom
from religious instruction in state-funded educational institutions (Article 28).
Cultural and Educational Rights (Articles 29–30): Protection of interests
of minorities (Article 29); right of minorities to establish and administer educational institutions
(Article 30).
Right to Constitutional Remedies (Article 32): The "soul of the Constitution"
per Dr. B.R. Ambedkar. Empowers citizens to move the Supreme Court directly for enforcement of
Fundamental Rights through writs.
Directive Principles of State Policy (Part IV, Articles 36–51)
While Fundamental Rights are justiciable, the Directive Principles of State Policy (DPSP) are
non-justiciable yet "fundamental in the governance of the country." They serve as moral and political
directives to the legislature and executive, guiding the creation of laws that promote social and
economic welfare. Key DPSPs relevant to civil rights include:
Article 38: State to secure a social order for the promotion of welfare of the people.
Article 39A: Equal justice and free legal aid.
Article 41: Right to work, education, and public assistance in certain cases.
Article 46: Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes, and other weaker sections.
Article 50: Separation of judiciary from executive.
Note: The relationship between Fundamental Rights and DPSP has been a source of
significant constitutional tension. The Supreme Court, in cases such as Minerva Mills v. Union of India
(1980), held that the two are complementary and that neither can be sacrificed to the other.