Fundamental Rights versus Directive Principles; Fundamental Duties

Two parts, one vision

Fundamental Rights (Part III) secure political democracy; Directive Principles (Part IV) aim at social and economic democracy. The first are negative obligations on the State and justiciable; the second are positive directions and non-justiciable. When a law implementing a Directive Principle affected a Fundamental Right – especially the right to property – a long contest followed between Parliament and the Supreme Court.

The conflict and its resolution

1. Champakam Dorairajan (1951): the Court held that in case of conflict, Fundamental Rights prevail over Directive Principles, though Parliament could amend Fundamental Rights to implement DPSPs. Parliament responded with the 1st Amendment (1951) (Article 15(4) and the Ninth Schedule, Article 31B), the 4th (1955) and the 17th (1964).
2. Golaknath (1967): the Court held that Parliament cannot amend Fundamental Rights to implement Directive Principles.
3. 24th Amendment (1971) affirmed Parliament's power to amend any part of the Constitution, including FRs. 25th Amendment (1971) inserted Article 31C: a law giving effect to the socialistic principles in Article 39(b) and (c) cannot be challenged for violating Articles 14 and 19, and a declaration to that effect could not be questioned in court.
4. Kesavananda Bharati (1973): upheld the first part of Article 31C but struck down the provision barring judicial review, since judicial review is part of the basic structure.
5. 42nd Amendment (1976): extended Article 31C protection to all Directive Principles.
6. Minerva Mills (1980): struck down that extension. The Court held that the Constitution is founded on the balance between Parts III and IV; to give absolute primacy to one over the other disturbs the harmony of the Constitution, and this harmony is itself a basic feature. FRs are not an end in themselves but the means to an end specified in the DPSPs.

Present position: Fundamental Rights generally enjoy supremacy, but Parliament can amend them to implement Directive Principles as long as the amendment does not damage the basic structure. Laws giving effect to Article 39(b) and (c) remain protected under Article 31C. The Court increasingly harmonises the two – reading DPSPs into the meaning of FRs (for example, education, legal aid and environment have been read into Article 21) and treating a law implementing a DPSP as a reasonable restriction under Article 19.

Recent clarification. In Property Owners Association v State of Maharashtra (2024), a nine-judge bench held by majority that not every privately owned resource is a "material resource of the community" under Article 39(b); whether a private resource qualifies depends on factors such as its nature, scarcity and impact on the community. This narrowed an earlier broad reading by Justice Krishna Iyer.

Fundamental Duties (Part IVA, Article 51A)

The original Constitution had no duties. The Swaran Singh Committee (1976) recommended them, and the 42nd Amendment (1976) added Part IVA with ten duties; the 86th Amendment (2002) added an eleventh. The idea is inspired by the Constitution of the former USSR. Japan is among the few democracies that list duties of citizens.

It shall be the duty of every citizen of India:

1. (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
2. (b) to cherish and follow the noble ideals that inspired the national struggle for freedom;
3. (c) to uphold and protect the sovereignty, unity and integrity of India;
4. (d) to defend the country and render national service when called upon;
5. (e) to promote harmony and the spirit of common brotherhood transcending religious, linguistic and regional or sectional diversities, and to renounce practices derogatory to the dignity of women;
6. (f) to value and preserve the rich heritage of our composite culture;
7. (g) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures;
8. (h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
9. (i) to safeguard public property and to abjure violence;
10. (j) to strive towards excellence in all spheres of individual and collective activity;
11. (k) for a parent or guardian, to provide opportunities for education to their child or ward between six and fourteen years (86th Amendment).

Features. Some are moral duties (cherishing the ideals of the freedom struggle), others civic (respecting the flag). They apply only to citizens, not foreigners. Like DPSPs they are non-justiciable – there is no direct penalty in the Constitution – but Parliament can enforce them by law, and courts use them to judge the reasonableness of a law (AIIMS Students Union, 2002).

Laws that give effect to duties: the Prevention of Insults to National Honour Act, 1971; the Protection of Civil Rights Act, 1955; the Wildlife (Protection) Act, 1972 and Forest (Conservation) Act, 1980; and provisions of criminal law punishing promotion of enmity between groups. In 1999 the Justice J.S. Verma Committee on operationalising Fundamental Duties identified such existing legal provisions. In Shyam Narayan Chouksey (2018) the Court modified its earlier order and made playing the national anthem in cinemas optional.

Criticism: the list is not exhaustive (it does not mention voting, paying taxes or family planning – the Swaran Singh Committee had suggested a duty to pay taxes); some duties are vague ("composite culture", "scientific temper"); being non-justiciable they can seem like moral precepts; and placing them after Part IV, rather than next to Part III, reduces their weight. Supporters say they remind citizens that rights and duties go together, act as a warning against anti-national and anti-social activities, and help courts interpret laws.

Practice: Mains question

*"Rights and duties are correlative." Discuss in the context of Part IVA. (150 words)* Mention that rights of one person create duties for others and for the State; explain the origin of Article 51A, two or three duties and the laws backing them, judicial use in assessing reasonableness, and the case for promoting duties through education and civic awareness rather than penalties.

Common traps

• Fundamental Duties were added on the Swaran Singh Committee's recommendation; the Verma Committee (1999) examined how to operationalise them.
• There are 11 duties; the 11th (education) came in 2002.
• Duties apply to citizens only.
• Minerva Mills held the balance between Parts III and IV to be a basic feature.

Practice: check your understanding

1. *Can a court strike down a law because it violates a Fundamental Duty?* No, but duties can support the reasonableness of a law that restricts a right.
2. *Why did Parliament create the Ninth Schedule?* To protect land reform laws implementing DPSPs from challenge; I.R. Coelho (2007) held that laws added after 24 April 1973 can be reviewed on basic-structure grounds.