Study note + questions
Citizenship, fundamental rights, fundamental duties and the directive principles
By TNPSC Guide editorial team · Last updated:
Key numbers
Rights and directive principles compared
| From | USA; Ireland |
|---|---|
| Courts | enforceable by courts; instructions only |
| Sanction | legal sanction; moral and political sanction |
| Aim | strengthen political democracy; secure social and economic democracy |
| Part, articles | Part III, 12-35; Part IV, 36-51 |
The six rights and their articles
| Right to equality | 14-18 |
|---|---|
| Right to freedom | 19-22 (with 21A) |
| Right against exploitation | 23-24 |
| Right to freedom of religion | 25-28 |
| Cultural and educational rights | 29-30 |
| Right to constitutional remedies | 32 |
The five writs
| Habeas Corpus | protects against illegal detention |
|---|---|
| Mandamus | orders an official to perform a duty |
| Prohibition | stops a lower court from exceeding its powers while a case is on |
| Certiorari | orders a lower court's records sent up for review |
| Quo Warranto | stops the wrongful holding of a public office |
Key numbers and years
| Citizenship | Part II, Articles 5-11 (class 10, page 254) |
|---|---|
| Fundamental rights | Part III, Articles 12-35 (class 10, page 255) |
| Directive principles | Part IV, Articles 36-51 (class 10, page 257) |
| Fundamental duties | Part IV A, Article 51 A; 10 in 1976, 11 now (class 10, page 257) |
| Citizenship Act | 1955 (class 10, page 254) |
| Citizenship order for Pondicherry | 1962 (class 8, page 211) |
| Property right removed, 44th Amendment | 1978 (class 10, page 256) |
| 21A and 51A (k), 86th Amendment | 2002 (class 10, page 257-258) |
| Right to Education Act | 2009 (class 12, page 8) |
| PIO merged into OCI | 9 January 2015 (class 8, page 212) |
Easy to confuse
| 42nd / 44th / 86th Amendment | 1976, duties, Part IV A; 1978, property right removed; 2002, Article 21A, Article 45 amended, 51A (k) |
|---|---|
| Prohibition / Certiorari | stops a case while it is on; calls the records up |
| Article 19 / other rights (in an emergency) | suspended automatically; by presidential order approved by Parliament |
| Dates for citizenship by birth / by descent | 1 July 1987, 3 December 2004; 10 December 1992 |
| Nationality / citizenship | cannot be changed; can be changed |
| Alien / immigrant | a tourist and the like; one with the right to live and work here permanently |
| OCI holder / citizen | no vote; vote |
The full note
Directive principles of state policy
The directive principles are in Part IV, Articles 36 to 51, grouped by content as socialist, Gandhian and liberal-intellectual. Courts cannot enforce them, yet they are essential to governing the country; Ambedkar called them a novel feature of the Constitution. Equal pay for men and women, free and compulsory basic education, the right to work, and help in old age, unemployment and sickness are Part IV provisions.
Fundamental rights
Fundamental rights are in Part III, Articles 12 to 35, and were shaped by the US Constitution. There were seven at first; there are six now. Part III is called the Magna Carta of India, and some rights belong only to citizens. Rights in India are not absolute: reasonable restrictions may be imposed for the country's security. Article 32 gives the right to go straight to the Supreme Court when a right is violated.
Equality and freedom
Under equality, Article 14 is equality before law; 15 bars discrimination by religion, race, caste, sex or place of birth; 16 is equal opportunity in public employment; 17 abolishes untouchability; 18 abolishes titles other than military and academic ones. Under freedom, Article 19 covers speech, expression, peaceful assembly, association, residence anywhere and profession; 20 protects the accused; 21 is life and personal liberty; 21A is elementary education; 22 protects against arrest and detention.
Exploitation, religion, education
Article 23 bans forced labour, bonded labour and human trafficking; Article 24 bans child labour in factories and hazardous places. Religion (Articles 25-28): to profess, practise and propagate; to manage religious affairs; no tax to promote a religion; freedom from worship in religious institutions. Culture and education (Articles 29-30): the language, culture and institutions of minorities.
Property and education
In 1978 the 44th Amendment removed the right to property (Article 31) from the fundamental rights; it is now a legal right under Article 300A (Part XII). So the seven rights became six through the 44th Amendment, not the 42nd. In 2002 the 86th Amendment amended Article 45 and made free and compulsory education for children a fundamental right under Article 21A; Article 45 now asks for early childhood care and education up to age 6. The Right of Children to Free and Compulsory Education Act was passed in 2009 to carry out 21A.
Article 32, heart and soul
The right to constitutional remedies is Article 32; Dr B.R. Ambedkar called it the heart and soul of the Constitution. A writ is an order a court issues under its seal. The Supreme Court and the High Courts can issue five kinds of writ. Because it protects rights, the Supreme Court is called the guardian of the Constitution.
Rights in an emergency
When the President proclaims an emergency under Article 352, the freedoms of Article 19 are suspended automatically. Other rights he may suspend by order, and Parliament must approve those orders. So automatic suspension applies only to Article 19.
Fundamental duties
Fundamental duties were added under the influence of the former Soviet constitution. On the recommendation of the Sardar Swaran Singh Committee, set up in 1976, the 42nd Amendment added a new Part IV A with a single Article 51 A, giving 10 duties. In 2002 the 86th Amendment added one under 51A (k); there are now 11.
The eleven duties
In the book's order: respect the Constitution, the national flag and the national anthem; cherish the ideals of the freedom struggle; protect sovereignty, unity and integrity; render national service when called; promote brotherhood and give up practices that demean women; value the composite culture; protect the natural environment; develop scientific temper and humanism; abjure violence and safeguard public property; strive for excellence in individual and collective work; parents or guardians to give children aged 6 to 14 the chance of education (the 11th duty, 2002).
What citizenship is
Citizen comes from the Latin civis, a resident of a city-state. Citizenship is of two kinds: natural, by birth, and naturalised, by application. The Indian Constitution gives one uniform citizenship for the whole country; Part II, Articles 5 to 11, deals with it. Federal countries such as the USA and Switzerland give dual citizenship, national and state.
Citizenship Act 1955: birth
The Citizenship Act of 1955, passed after the Constitution came into force, explains how citizenship is acquired and lost; there are five ways: birth, descent, registration, naturalisation and incorporation of territory. By birth: anyone born in India on or after 26 January 1950 and before 1 July 1987 is a citizen whatever the parents' nationality; from 1 July 1987 one parent must be Indian; from 3 December 2004 one parent must be Indian and the other not an illegal migrant.
Descent, registration, naturalisation, incorporation
By descent: a person born abroad from 26 January 1950 to before 10 December 1992 is a citizen if the father is Indian; from 10 December 1992 either parent suffices; from 3 December 2004 the birth must be registered at an Indian consulate within one year. By registration: persons of Indian origin and spouses of Indian citizens must have lived in India seven years. By naturalisation: the Union government grants the certificate; good character and knowledge of an Eighth Schedule language are needed. By incorporation: when Pondicherry joined, the Government of India issued a citizenship order in 1962.
Loss of citizenship and nationality
Citizenship is lost in three ways: renunciation, termination on taking another country's citizenship, and deprivation by government order. The Union government may deprive a person of citizenship for fraud, false representation, concealment of facts, trade with an enemy country or a two-year prison sentence. Nationality comes naturally from origin, birth and race; citizenship is granted by the state under law. Nationality cannot be changed; citizenship can. In the order of precedence the President is the first citizen.
Indians abroad and aliens
A person living abroad with an Indian passport is a non-resident Indian (NRI). From 9 January 2015 the PIO scheme was withdrawn and merged with the Overseas Citizen of India (OCI) card; OCI holders cannot vote in India. A non-citizen is an alien, such as a tourist; an alien with the right to live and work here permanently is an immigrant. Every two years, on 9 January, the day Gandhi returned from South Africa, the Ministry of External Affairs holds Pravasi Bharatiya Divas.
Citizens' political rights
Voting in Lok Sabha and assembly elections, working in government offices and becoming a member of Parliament or of a legislature are rights the Constitution gives citizens.
Source: சமூக அறிவியல், பத்தாம் வகுப்பு, தமிழ் வழி (Social Science, Standard X, Tamil medium; Samacheer Kalvi) (10ஆம் வகுப்புச் சமூக அறிவியல், குடிமையியல் அலகு 1 (இந்திய அரசியலமைப்பு), பக்கம் 254-258; 8ஆம் வகுப்புச் சமூக அறிவியல், குடிமையியல் அலகு 2 (குடிமக்களும் குடியுரிமையும்), பக்கம் 210-215; 12ஆம் வகுப்பு அரசியல் அறிவியல், அலகு 1, பக்கம் 7-8)
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Free questions
Question 1
Consider the following statements on the right to freedom. 1. Article 20 abolishes untouchability. 2. Article 21 deals with life and personal liberty. 3. Article 22 gives protection against arrest and detention. Which of these are correct?
- A. 2 only
- B. 1 and 2 only
- C. 2 and 3 only
- D. 1, 2 and 3
Answer and explanation
Correct answer: C. 2 and 3 only
Article 19 gives freedoms of speech and others; 20 protects the accused; 21 life and personal liberty; 21A elementary education; 22 protection against arrest and detention. Untouchability is abolished by Article 17, so 1 is wrong.
Source: சமூக அறிவியல், பத்தாம் வகுப்பு, தமிழ் வழி (Social Science, Standard X, Tamil medium; Samacheer Kalvi) (குடிமையியல் அலகு 1 இந்திய அரசியலமைப்பு, p. 256 (PDF p. 262))
Question 2
From which Latin word does the word "citizen" come?
- A. Franc
- B. Civis
- C. Magna Carta
- D. Pravasi
Answer and explanation
Correct answer: B. Civis
Citizen comes from the Latin civis, meaning a resident of a city-state.
Source: சமூக அறிவியல், பத்தாம் வகுப்பு, தமிழ் வழி (Social Science, Standard X, Tamil medium; Samacheer Kalvi) (குடிமையியல் அலகு 1 இந்திய அரசியலமைப்பு, p. 254 (PDF p. 260))
Question 3
Which Part of the Constitution of India deals with citizenship?
- A. Part III (Articles 12 to 35)
- B. Part IV (Articles 36 to 51)
- C. Part IV A (Article 51A)
- D. Part II (Articles 5 to 11)
Answer and explanation
Correct answer: D. Part II (Articles 5 to 11)
The Constitution gives a single citizenship for the whole country; Part II, Articles 5 to 11, deals with citizenship.
Source: சமூக அறிவியல், பத்தாம் வகுப்பு, தமிழ் வழி (Social Science, Standard X, Tamil medium; Samacheer Kalvi) (குடிமையியல் அலகு 1 இந்திய அரசியலமைப்பு, p. 254 (PDF p. 260))
Sources
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