What is the difference between Fundamental Rights and Directive Principles?

Fundamental Rights (Part III, Articles 12–35) are justiciable — courts can enforce them. Directive Principles of State Policy (Part IV, Articles 36–51) are non-justiciable — courts cannot compel the government to implement them. However, DPSPs are fundamental to governance. When FRs and DPSPs conflict, constitutional amendments have balanced both (after Minerva Mills case, 1980 — neither can override the other).

What is the original jurisdiction of the Supreme Court?

Original jurisdiction means cases that go directly to the Supreme Court without going to any lower court first. The Supreme Court has exclusive original jurisdiction in disputes between the Union and states (Article 131). It also has original jurisdiction in cases involving enforcement of Fundamental Rights under Article 32 (writ jurisdiction).

What is PIL (Public Interest Litigation)?

PIL is litigation filed in a court for the protection of the public interest. It does not require the petitioner to be directly affected by the violation — any citizen can approach the court on behalf of others. PIL was developed by Justice P.N. Bhagwati in the late 1970s. It has been a major tool for environmental protection, bonded labour abolition, and access to justice for the poor.

What are the writs available under the Indian Constitution?

Five writs: (1) Habeas Corpus — produce the body; used against illegal detention. (2) Mandamus — we command; orders a public official to perform a duty. (3) Prohibition — stops a lower court from proceeding further. (4) Certiorari — quash orders of lower courts/tribunals if they exceeded jurisdiction. (5) Quo Warranto — by what authority; challenges a person's right to hold a public office. Supreme Court issues writs under Article 32; High Courts under Article 226.

Fundamental Rights, DPSP and Judiciary — TNPSC Group 1 Polity Notes

Fundamental Rights (Articles 12–35)

Right to Equality (Articles 14–18)

Article 14: Equality before law + equal protection of laws. "Equality before law" (British concept) means no one is above the law. "Equal protection" means equals must be treated equally — reasonable classification is permitted.

Article 15: No discrimination on grounds of religion, race, caste, sex, or place of birth. Exceptions: State can make special provisions for women, children, and socially/educationally backward classes (SEBCs), including OBCs.

Article 16: Equal opportunity in public employment. Reservations permitted for backward classes if they are not adequately represented. The 103rd Amendment (2019) added 10% EWS (Economically Weaker Section) reservation.

Article 17: Abolition of Untouchability. Enforcement of untouchability is an offence punishable by law (Protection of Civil Rights Act, 1955).

Article 18: Abolition of titles. Indian citizens cannot accept titles from foreign states. Military and academic distinctions are allowed. Bharat Ratna, Padma awards — Supreme Court ruled (1996) these are not "titles" under Article 18.

Right to Freedom (Article 19)

Six freedoms (originally seven — Article 19(1)(f) right to property was removed by the 44th Amendment, 1978):

1. 19(1)(a): Freedom of speech and expression 2. 19(1)(b): Right to assemble peaceably without arms 3. 19(1)(c): Right to form associations or unions 4. 19(1)(d): Right to move freely throughout India 5. 19(1)(e): Right to reside and settle in any part of India 6. 19(1)(g): Right to practice any profession or carry on any trade/business

All six freedoms have reasonable restrictions imposed by the State on grounds including sovereignty, security, public order, decency, contempt of court, etc.

Right Against Exploitation (Articles 23–24)

Article 23: Prohibits traffic in human beings, begar (forced labour), and other forms of forced labour. Bonded Labour System Abolition Act, 1976 enforces this.

Article 24: Children below 14 cannot be employed in factories, mines, or hazardous work. Child Labour (Prohibition and Regulation) Amendment Act, 2016 extends this to all work by children below 14.

Right to Freedom of Religion (Articles 25–28)

Article 25: Freedom of conscience and free profession, practice, and propagation of religion. Subject to public order, morality, health, and other fundamental rights.

Article 26: Freedom to manage religious affairs — every religious denomination can manage its own affairs in religious matters.

Article 28: No religious instruction in wholly State-funded educational institutions.

Cultural and Educational Rights (Articles 29–30)

Article 29: Any section of citizens with a distinct language, script, or culture has the right to conserve it.

Article 30: All minorities (religious or linguistic) have the right to establish and administer educational institutions. State cannot discriminate in granting aid to minority institutions.

Right to Constitutional Remedies (Article 32)

Dr. B.R. Ambedkar called Article 32 "the heart and soul of the Constitution." It gives citizens the right to directly approach the Supreme Court for enforcement of Fundamental Rights. The Supreme Court can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto).

Article 226: High Courts also have writ jurisdiction (wider than Supreme Court — High Courts can issue writs for any legal right, not just FRs).

Directive Principles of State Policy (Articles 36–51)

DPSPs are borrowed from the Irish Constitution. They are non-justiciable but "fundamental in the governance of the country."

Socialistic DPSPs (Key Articles)

Article 38: State shall promote welfare of people; minimise inequalities in income, status, facilities, opportunities.
Article 39: Equal pay for equal work (men and women). Children not to be forced into unsuitable employment by economic necessity.
Article 39A: Equal justice and free legal aid.
Article 41: Right to work, to education, and to public assistance in cases of unemployment, old age, sickness, disablement.
Article 42: Just and humane conditions of work and maternity relief.
Article 43: Living wage for workers. Cottage industries to be promoted.
Article 45: Early childhood care and education for all children under 6 years (strengthened by Right to Education Act, 2009).
Article 47: Raise nutrition level and standard of living; prohibit intoxicating drinks and drugs injurious to health (this is why TN has Prohibition as a policy goal).

Gandhian DPSPs

Article 40: Organise village panchayats. (Led to 73rd and 74th Constitutional Amendments, 1992 — Panchayati Raj and Urban Local Bodies)
Article 43: Promote cottage industries.
Article 46: Promote educational and economic interests of SCs, STs, and other weaker sections.
Article 48: Organise agriculture and animal husbandry; prohibit slaughter of cows and calves.

Liberal-Intellectual DPSPs

Article 44: Uniform Civil Code (UCC) — one of the most politically contentious DPSPs.
Article 48A: Protect and improve environment and safeguard forests and wildlife (added by 42nd Amendment, 1976).
Article 49: Protect monuments and objects of historical interest.
Article 50: Separation of judiciary from executive in public services.
Article 51: Promote international peace and security; respect international law.

Fundamental Duties (Article 51A)

Added by the 42nd Amendment, 1976 (Swaran Singh Committee recommendation). Originally 10 duties; 11th added by 86th Amendment, 2002.

Key duties:

Abide by the Constitution and respect its ideals
Cherish and follow noble ideals of national struggle
Uphold sovereignty, unity, and integrity of India
Defend and render national service when called upon
Promote harmony and brotherhood; renounce practices derogatory to women's dignity
Value and preserve the rich heritage of composite culture
Protect and improve the natural environment
Develop the scientific temper, humanism, and spirit of inquiry
Safeguard public property
Strive towards excellence in individual and collective activity
Provide opportunities for education to child (6–14 years) — parent's duty

Fundamental Duties are NOT justiciable but courts can use them while interpreting laws.

The Indian Judiciary

Supreme Court

Established: 26 January 1950. Headquarters: New Delhi.

Composition: Chief Justice of India (CJI) + up to 33 other judges (total 34). Judges appointed by the President on recommendation of the Collegium (CJI + 4 senior-most judges).

Retirement age: 65 years (High Court judges retire at 62).

Jurisdiction:

Original: Disputes between Union and States; enforcement of FRs (Article 32)
Appellate: Appeals from High Courts in constitutional, civil, criminal, and special leave petitions (SLP, Article 136)
Advisory: President can seek Supreme Court's opinion on constitutional questions (Article 143) — opinion not binding
Review: Can review its own judgments

Landmark SC judgments relevant to Tamil Nadu:

S.R. Bommai v. Union of India (1994): limits on President's rule under Article 356
Indra Sawhney v. Union of India (1992): 50% cap on reservations; OBC reservation valid
Kesavananda Bharati (1973): Parliament cannot alter "basic structure" of Constitution
NEET cases: Tamil Nadu's struggle against NEET in medical admissions — SC upheld NEET

High Courts

Tamil Nadu's High Court is the Madras High Court — established 1862, one of the oldest in India. Located in Chennai. Has a bench in Madurai.

Subordinate Courts

District and Sessions Courts → Civil Courts (Civil Judge, Munsiff) / Criminal Courts (Chief Judicial Magistrate, Judicial Magistrate). Lowest: Panchayat Courts (Nyaya Panchayats) in villages.

Judicial Independence — Key Features

Security of tenure: SC/HC judges cannot be removed except by Parliament impeachment (special majority — Judges Inquiry Act, 1968)
Fixed salaries charged to Consolidated Fund of India (not subject to vote)
Conduct of judges cannot be discussed in Parliament except on removal motion
Contempt of court powers protect judicial authority

Board Exam Tips

Article numbers for rights: FRs begin at 12, DPSPs begin at 36. Article 32 = heart of Constitution (Ambedkar quote).
Writs: know the name and use of all five. Habeas corpus is most commonly tested.
DPSP vs FR: FRs are justiciable; DPSPs are not. After Minerva Mills (1980), both must be harmonised.
44th Amendment (1978): Article 20 and 21 cannot be suspended even in emergencies — very frequently asked.
Madras High Court — 1862 — one of three original High Courts (along with Bombay and Calcutta).
SC judge retirement: 65 years. HC judge: 62 years. Not negotiable in MCQs.

Frequently Asked Questions

During a National Emergency (Article 352), rights under Articles 19 (freedoms) are automatically suspended. Rights under Articles 20 and 21 (protection against arbitrary conviction and right to life) CANNOT be suspended even during an Emergency — the 44th Amendment (1978) made Article 21 non-suspendable. The President can suspend enforcement of other Fundamental Rights by order under Article 359.