CONSTITUTIONAL LAW

UNIT-4
RIGHT TO CONSTITUTIONAL REMEDIES
under Article 32 of the Constitution
• Article 32: Right to Constitutional Remedies Article 32
was called "the very soul of the constitution and the
very heart of it" by Dr. B R Ambedkar.
• Any right is meaningless if it without remedy for its
enforcement. Similarly fundamental rights also provided
with its remedy for enforcement.
• The right to constitutional remedy was created as one of
the main fundamental rights, because the constitution
recognized the need to protect the rights of the citizens.
• In case of any one of the fundamental rights being
deprived or denied to the resident of the country, the
individual or the party has the right to present their case
in a court.
• The supreme court of India is alert guardian of
fundamental rights of citizens. It is supreme custodian.
Article 32 of constitution provides for writs for the
enforcement of fundamental rights.
• Similar, jurisdiction is available to high court under
Article 226. Actually, the jurisdiction of high court to
issue writ is more wide than that of supreme court.
• High court can issue writ for 'other purposes' along with
fundamental rights, whereas Supreme Court can only
issue writ for the enforcement of fundamental rights.
 • As per Article 32(2) and Article 226(1) of the
constitution, the supreme court and high court can issue
five types of writs-
1. Habeas corpus -to have body
2. Mandamus- The writ of mandamus is in form, a
command issued by the Superior Court i.e. Supreme
Court or High Court, to the Government, inferior
court, tribunal, public authority, corporation or any
other person having public duty to perform
3. Prohibition - Prohibition is a writ which is issued by a
superior court to an inferior court or tribunal or body
exercising judicial functions preventing such inferior
court or tribunal or body from usurping jurisdiction
which is not vested therein or from acting in violation
of the principles of natural justice or from acting under
the unconstitutional law
4. Certiorari - The writ of certiorari is the writ which is
issued by the Superior court i.e. High Court or Supreme Court
to the inferior court or tribunal or body exercising judicial or
quasi judicial functions to remove the proceedings from such
court, tribunal or body for examining the legality of the
proceedings
5. Quo-Warrant- The literal meaning of quo-warranto is
‘by what authority’

FUNDAMENTAL DUTIES
• Fundamental duties are defined as the moral obligations
of all citizens to help promote a spirit of patriotism and
to uphold the unity of India.
• These duties set in part IV-A of the Constitution.
• They are held by the Supreme Court to be obligatory for
all citizens.
• What are fundamental Duties?
 • The fundamental duties were included in the constitution
by the 42nd amendment act 1976.
• It incorporated the fundamental duties by inserting a
new article 51A below article 51 which belongs to Part
IV-A.
• The recommendations were passed in 1976 and came
into effect on 3rd January, 1977.
• Originally ten in number, the Fundamental Duties
were increased to eleven by the 86th Amendment in
2002.
• These duties were meant to bring our Constitution in line
with the Universal Declaration of Human Rights and the
Constitutions of Japan, China, and USSR.
• It was adopted based on the recommendations of the
SWARAN SINGH Committee.
• The fundamental duties of every citizen of India
according to the Constitution are:
1. To abide by the Constitution and respect its ideals and
institutions, the National Flag and the National
Anthem
2. To cherish and follow the noble ideals which inspired
our national struggle for freedom;
3. To uphold and protect the sovereignty, unity and
integrity of India
4. To defend the country and render national service when
called upon to do so
5. To promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious,
linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women;
6. To value and preserve the rich heritage of our composite
culture
7. To protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for
living creature
8. To develop the scientific temper, humanism and the spirit
of inquiry and reform
9. To safeguard public property and to abjure violence
10. To strive towards excellence in all spheres of individual
and collective activity so that the nation constantly rises to
higher levels of endeavour and achievement
11. Who is a parent or guardian to provide opportunities for
education to his child or, as the case may be, ward between
the age of six and fourteen years
• The inclusion of providing opportunity for education for
children as a fundamental duty is a big step forward
towards safeguard of human-rights and abolition of
social injustices
• Utility and Significance
• The section ‘Fundamental Duties' was not a part of the
original constitution.
• These were added to the Constitution much later.
• The idea behind incorporation of fundamental duties
was to remind the citizens of the country that they have
certain obligations towards the country and society.
DIRECTIVE PRINCIPLE OF
STATE POLICY
• Part IV (Article 36-51) deals with various Directive
Principles of State Policy.
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 Gandhism and relate to social
justice, economic welfare, foreign policy, and legal and
administrative matters.
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.
Characteristics
• DPSPs 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.
Article 36:
• Definition of state: The State includes
• the Government and Parliament of India and
 • the Government and the Legislature of each of the States
and
• all local or
• other authorities within the territory of India or under the
control of the Government of India.
Article 37:- Application of the principles.
Article 38:State to secure a social order for the promotion
of welfare of the people.
Article 39:Certain principles of policy to be followed
by the State.
• equal rights to men and women.
• ownership of resources.
• equal pay for equal work.
• protection of children
Article 39 A:Equal justice and free legal aid.
to citizens having economic or other disabilities.
Article 40:- •Organisation of village panchayats.
Article 41:Right
to work, to education and to public assistance in certai
n cases.
Article 42:-
•Provision for just and humane conditions of work and mater
nity relief . Article 43:-
•Living wage, good working conditions etc. , for workers .
Article 43 A:- •Participation of workers in management
of industries.
Article 44:- •Uniform civil code for the citizens.
Article 45:Provision for free and compulsory education for ch
ildren.
Article 46:Promotion of educational and economic interests o
f Scheduled castes , Scheduled Tribes and other weaker secti
ons.
Article 47:- •Duty of the State to raise the level of nutrition
and the standard of living and to improve public health.
Article 48:- •Organisation of agriculture and animal
husbandry.
Article 48 A:- •Protection and improvement of environment
and safeguarding of forests and wildlife.
Article 49:- •Protect ion of monuments and places and objects
of national importance.
Article 50:- •Separation of judiciary from executive.
Article 51:- •Promotion of international peace and security. -
just and honourable relations. -encourage settlement of
international disputes by arbitration.
• The 86th constitutional amendment of 2002 inserted a
new article, Article 21-A.
• Amendments to DPSPs
• An amendment requires the approval of two-thirds of the
members present and voting.
Major amendments Article 31-C, inserted into the
Directive Principles of State Policy by the 25th
Amendment Act of 1971 seeks to upgrade the DPSPs.
• Article 48-A, which ensures Protection and improvement
of environment and safeguarding of forests and wild life,
was added by the 42nd Amendment Act, 1976.
• Article 45, which ensures Provision for free and
compulsory education for children, was added by the
86th Amendment Act, 2002.