Fundamental Rights and Directive Principles: The Pillars of Indian Democracy

A democracy is defined not just by how a government is elected, but by the limits placed upon it. In India, these limits are enshrined in the Constitution as a list of protected liberties known as the 'Bill of Rights'. These rights protect individuals from the tyranny of the state and the majority.

• Definition: A constitutional list of rights protected against government violation.
• Origin: Inspired by the Motilal Nehru Committee (1928) and the global struggle for liberty.
• Status: Unlike ordinary legal rights, Fundamental Rights are protected by the Constitution itself and can only be changed via a special Constitutional Amendment.

This right aims to remove discrimination and ensure equal status for all citizens.

• Equality before Law: No one is above the law, regardless of status.
• Prohibition of Discrimination: The State cannot discriminate on grounds of religion, race, caste, sex, or place of birth.
• Equal Opportunity: Equality in public employment. However, the State can make reservations for backward classes under Article 16(4).
• Abolition of Untouchability: (Article 17) A landmark provision ending a historic social evil.
• Abolition of Titles: No titles allowed except for military or academic distinctions to prevent artificial hierarchy.

Freedom is the essence of democracy, but it is not absolute. It comes with "reasonable restrictions" to maintain public order.

• The Six Freedoms (Article 19):
  1. Speech and expression.
  2. Assembly (peaceful/without arms).
  3. Association/Unions.
  4. Movement throughout India.
  5. Residence/Settlement.
  6. Profession/Occupation.
• Right to Life & Personal Liberty (Article 21): No person shall be deprived of life or liberty except by procedure established by law. The Supreme Court has expanded this to include the right to dignity, shelter, and livelihood.
• Preventive Detention: The government can detain a person to prevent them from committing a crime or threatening national security, subject to strict safeguards (maximum 3 months without advisory board review).
• Rights of Accused: Protection against Double Jeopardy (punished twice for the same crime) and Self-Incrimination (forced to witness against oneself).

Right Against Exploitation (Arts. 23-24)

• Prohibits human trafficking and begar (forced labor without pay).
• Bans employment of children (under 14 years) in hazardous jobs like factories and mines.

Right to Freedom of Religion (Arts. 25-28)

• India is a Secular State (no official religion).
• Citizens have the freedom of conscience, profession, practice, and propagation of religion.
• Note: "Propagation" implies persuasion and spreading information, not forced or fraudulent conversion.

A true democracy must protect its minorities to ensure diversity is preserved.

• Protection of Culture: Any section of citizens with a distinct language, script, or culture has the right to conserve it.
• Minority Institutions: Religious and linguistic minorities have the right to establish and administer their own educational institutions without government discrimination in aid.

Dr. B.R. Ambedkar called this Article the "Heart and Soul of the Constitution." It empowers citizens to move the Supreme Court directly if their Fundamental Rights are violated.

The 5 Writs:

• Habeas Corpus: "To have the body" – Orders the police to produce an arrested person in court.
• Mandamus: "We Command" – Orders a public official to perform their legal duty.
• Prohibition: Issued by a higher court to stop a lower court from exceeding its jurisdiction.
• Quo Warranto: "By what authority?" – Challenges a person holding public office illegally.
• Certiorari: Orders a lower court to transfer a pending case to a higher authority.

While Fundamental Rights restrain the government, DPSPs provide guidelines for the government to create a welfare state.

• Nature: Non-justiciable (cannot be enforced by courts, unlike Fundamental Rights).
• Goal: To establish social and economic democracy.
• Key Examples: Equal pay for equal work, Uniform Civil Code, Village Panchayats, Right to Work.
• Conflict: In the Kesavananda Bharati case (1973), the Court ruled that Parliament can amend the Constitution to implement DPSPs as long as it doesn't violate the Basic Structure.

Established in 1993, the NHRC acts as an independent watchdog for human rights in India.

• Composition: Former Chief Justice of the Supreme Court, former judges, and human rights experts.
• Function: Inquires into custodial deaths, police excesses, and indignity to women.
• Limitation: It has recommendatory powers only; it cannot directly prosecute or punish.