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Constitution · 26 min read
Part III is the most heavily examined block in the entire Constitution, and the reason is structural: it is the only part where a citizen can go straight to the Supreme Court, so almost every landmark case in Indian constitutional law arises from it.
The Directive Principles in Part IV and the Duties in Part IVA are treated on the same page because questions constantly set them against each other — which is justiciable and which is not, which article sits in which Part, and what the courts have held when a directive and a right collide. Each right below is given with its article, its exceptions and the case that made it examinable.
Current affairs · 19 September 2026
Every item is dated, read on the conducting body’s or ministry’s own site, and written with the question it becomes. Read today’s items, take the quiz, or download the month as a PDF.
Today’s poster
Why it matters
| Exam | Expected questions | How it usually appears |
|---|---|---|
| UPSC Prelims GS Paper 1 | 5–8 questions | The single densest block in polity. Often comparative between Parts III and IV. |
| SSC CGL / CHSL Tier 1 | 3–5 questions | Article numbers and which right is which — asked very directly. |
| State PSC Prelims | 4–6 questions | Rights, directives and the amendments that changed them. |
| RRB NTPC / Group D | 2–3 questions | Basic recall — how many fundamental rights, which article covers untouchability. |
| CLAT / AILET Legal Reasoning | 4–6 questions | Applied as principles to fact situations rather than asked as recall. |
Who the rights bind
Fundamental rights are, with two exceptions, claims against the state rather than against other citizens. So the first question in any rights problem is whether the body complained against is the "State" at all.
The Constitution originally guaranteed seven categories of fundamental right. The right to property, in Articles 19(1)(f) and 31, was removed by the 44th Amendment in 1978 and re-enacted as Article 300A, an ordinary constitutional right enforceable in a High Court but not under Article 32. There are therefore six categories today, and the question "how many fundamental rights" is really testing whether you know that amendment.
Articles 14 to 18
Five articles, of which two — 15 and 16 — carry almost all the reservation jurisprudence and almost all the amendments.
| Article | Guarantee | Detail and exceptions |
|---|---|---|
| Article 14 | Equality before the law and equal protection of the laws | The first phrase is British and negative — no one is above the law. The second is American and positive — like should be treated alike. Reasonable classification is permitted if it rests on an intelligible differentia with a rational nexus to the object of the law. |
| Article 15 | No discrimination on grounds of religion, race, caste, sex or place of birth | Available to citizens only. Clause (3) permits special provision for women and children; (4) for socially and educationally backward classes and SCs and STs; (5) for their admission to educational institutions; (6) for economically weaker sections. |
| Article 16 | Equality of opportunity in public employment | Clause (4) permits reservation in appointments; (4A) in promotions with consequential seniority; (4B) for carrying forward backlog vacancies; (6) for economically weaker sections. |
| Article 17 | Abolition of untouchability | Its practice in any form is forbidden and made a punishable offence. Enforced through the Protection of Civil Rights Act and the SC and ST (Prevention of Atrocities) Act. Operates against private persons. |
| Article 18 | Abolition of titles | The state may not confer any title except a military or academic distinction, and citizens may not accept a title from a foreign state. National awards such as the Bharat Ratna and the Padma awards were upheld in 1996 but may not be used as a prefix or suffix to a name. |
Articles 19 to 22
Article 19 is the best-known article in the Constitution, but Articles 20, 21 and 22 carry more litigation, and Article 21 has grown further than any other provision.
| Freedom | Sub-clause | Grounds on which it may be restricted |
|---|---|---|
| Speech and expression | 19(1)(a) | Sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence. |
| Assembly, peaceably and without arms | 19(1)(b) | Sovereignty and integrity of India, and public order. |
| Association or unions | 19(1)(c) | Sovereignty and integrity of India, public order and morality. Cooperative societies were added by the 97th Amendment. |
| Movement throughout the territory of India | 19(1)(d) | The interests of the general public, and the protection of the interests of any Scheduled Tribe. |
| Residence and settlement in any part of India | 19(1)(e) | The same two grounds as freedom of movement. |
| Practice of any profession, or any occupation, trade or business | 19(1)(g) | The interests of the general public; the state may also prescribe professional qualifications or carry on a trade itself to the exclusion of citizens. |
Articles 23 to 28
Six articles that are short, precise and asked as straightforward pairings of article number to content.
| Article | What it guarantees | Qualification |
|---|---|---|
| Article 23 | Prohibition of traffic in human beings, begar and other forms of forced labour | The state may impose compulsory service for public purposes, provided it does not discriminate on grounds of religion, race, caste or class. |
| Article 24 | No child below fourteen may be employed in a factory, mine or other hazardous employment | It does not, on its own terms, prohibit non-hazardous employment; that is covered by legislation. |
| Article 25 | Freedom of conscience and the right freely to profess, practise and propagate religion | Subject to public order, morality, health and the other provisions of Part III. The state may regulate secular activity associated with religion and provide for social welfare and reform. |
| Article 26 | Freedom of every religious denomination to manage its own religious affairs | To establish and maintain institutions, own and acquire property, and administer it in accordance with law. |
| Article 27 | No person may be compelled to pay a tax whose proceeds are specifically appropriated to promote any particular religion | A fee for regulating a religious institution is distinguishable from a tax, and is permitted. |
| Article 28 | No religious instruction in an educational institution wholly maintained out of state funds | Institutions administered by the state under an endowment requiring religious instruction are excepted; in aided institutions attendance may not be compulsory. |
Article 25 protects the right to propagate one's religion, which was debated at length in the Constituent Assembly. The Supreme Court held in Rev. Stainislaus, 1977, that the right to propagate does not include a right to convert another person, since that would impinge on the other's own freedom of conscience. This distinction is examined as a point of law rather than of opinion.
Articles 29 to 35
The last block of Part III, containing the cultural and educational rights of minorities and the remedy that makes the whole Part effective.
Part IV, Articles 36 to 51
Article 37 states the essential point: these principles are not enforceable by any court, but they are nevertheless fundamental in the governance of the country and it is the duty of the state to apply them in making laws. Non-justiciable does not mean unimportant.
| Group | Character | Principal articles |
|---|---|---|
| Socialistic | Directed at a welfare state and the reduction of inequality | Article 38 on social order and minimising inequalities; 39 on adequate means of livelihood, distribution of material resources, equal pay for equal work and protection of children; 39A on equal justice and free legal aid; 41 on the right to work, education and public assistance; 42 on humane conditions of work and maternity relief; 43 on a living wage; 43A on workers' participation in management; 47 on nutrition and public health. |
| Gandhian | Reflecting the programme of the national movement | Article 40 on village panchayats; 43 on cottage industries; 43B on cooperative societies; 46 on promoting the interests of weaker sections, particularly SCs and STs; 47 on prohibiting intoxicating drinks and drugs; 48 on organising agriculture and animal husbandry and prohibiting the slaughter of cows and other cattle. |
| Liberal-intellectual | Reflecting a liberal internationalist outlook | Article 44 on a uniform civil code; 45 on early childhood care and education below six; 48 on modern and scientific agriculture; 48A on protection of the environment, forests and wildlife; 49 on protection of monuments; 50 on separation of the judiciary from the executive; 51 on the promotion of international peace and respect for international law. |
Article 51A and the case law
Part IVA was added in 1976, and the long argument over whether a right or a directive prevails was settled in stages between 1951 and 1980. Both are examined as sequences.
| Case or amendment | Year | What was held or done |
|---|---|---|
| Champakam Dorairajan | 1951 | In a conflict, the Fundamental Rights prevail; the Directive Principles must yield. Parliament responded with the First Amendment. |
| 25th Amendment | 1971 | Inserted Article 31C, protecting laws made to implement the directives in Article 39(b) and (c) from challenge under Articles 14 and 19. |
| Kesavananda Bharati | 1973 | Upheld Article 31C but struck down the clause that had barred any court from inquiring whether such a law in fact gave effect to those directives. |
| 42nd Amendment | 1976 | Extended the protection of Article 31C to laws implementing any of the Directive Principles, not just Article 39(b) and (c). |
| Minerva Mills | 1980 | Struck down that extension, holding that the balance between Parts III and IV is itself part of the basic structure. The narrower Article 31C survives. |
Fundamental Rights are justiciable, negative in the main, aimed at establishing political democracy, and enforceable against the state under Article 32. Directive Principles are non-justiciable, positive in character, aimed at establishing social and economic democracy, and require legislation to become operative. Both are described by Granville Austin as the conscience of the Constitution, and Minerva Mills held that neither may be sacrificed to the other.
Solved examples
Read the steps rather than the answer. The method is what transfers to the next question.
How many fundamental rights does the Constitution guarantee today, and why is the number disputed?
Answer: Six — the seventh, the right to property, was removed in 1978.
Which fundamental rights can never be suspended, even during a national emergency?
Answer: Articles 20 and 21, following the 44th Amendment of 1978.
A statute makes an act punishable and applies the punishment to conduct that occurred before it was passed. Which article is violated?
Answer: Article 20(1) — the prohibition on ex post facto criminal law.
What did Maneka Gandhi change about Article 21?
Answer: It read fairness into "procedure established by law", bringing the article close to due process.
Which two fundamental rights are enforceable against private individuals?
Answer: Articles 17 and 23 — with Article 15(2) on access to public places also operating horizontally.
Trace the settlement of the conflict between Fundamental Rights and Directive Principles.
Answer: Neither prevails absolutely — Minerva Mills made the balance between them part of the basic structure.
Which amendment added the eleventh Fundamental Duty, and what is it?
Answer: The 86th Amendment, 2002 — the duty to provide educational opportunities to a child aged six to fourteen.
What is the difference between Article 29 and Article 30?
Answer: Article 29 protects any section of citizens; Article 30 is a minority right to run educational institutions.
Practice
Work each one out before you reveal the answer — the explanation is where the marks are.
Q1The right to property was removed from the list of fundamental rights by the:
Q2Which article abolishes untouchability?
Q3The right to constitutional remedies is contained in:
Q4Article 21A, providing for free and compulsory education, was inserted by the:
Q5How many freedoms are guaranteed by Article 19 at present?
Q6The Directive Principles of State Policy are contained in which Part?
Q7Fundamental Duties were added to the Constitution by the:
Q8The concept of the creamy layer for other backward classes was laid down in:
Q9Which directive principle requires the state to secure a uniform civil code?
Q10Protection of the environment was added as a directive principle by the:
Q11Under Article 24, no child below which age may be employed in a hazardous occupation?
Q12The case that held that the balance between Fundamental Rights and Directive Principles is part of the basic structure is:
Q13A person arrested must be produced before a magistrate within:
Q14Reservation for economically weaker sections was introduced by the:
Q15The right to privacy was recognised as a fundamental right in:
Q16Which of the following is NOT a Fundamental Duty under Article 51A?
Questions
Because they call for positive action requiring money, administrative capacity and political choice, and the framers took the view that a court cannot order a state to build hospitals it cannot afford. Article 37 says so directly: they are not enforceable by any court, but are nevertheless fundamental in governance, and it is the duty of the state to apply them in making laws.
Because "fundamental" describes the status of the right — entrenched, enforceable directly in the Supreme Court, and beyond ordinary legislative repeal — not its absoluteness. Article 19 itself lists the grounds on which each freedom may be restricted, and every restriction must be reasonable and traceable to one of the stated grounds. A restriction outside those grounds is void.
Detention of a person to prevent an anticipated offence rather than to punish a past one. Article 22 permits it, and provides that a person may be detained for up to three months without reference to an advisory board. Its presence in a peacetime constitution is unusual and was contested in the Assembly; the framers accepted it against a background of Partition violence and internal disorder.
Those framed with the word "person" rather than "citizen" — Articles 14, 20, 21, 21A, 22, 23, 24 and 25 to 28. Those confined to citizens are Articles 15, 16, 19, 29 and 30. So a foreigner in India has equality before law, protection of life and personal liberty, and freedom of religion, but not the six freedoms of Article 19.
Not directly, since Part IVA provides no mechanism. But Parliament may legislate to give effect to a duty, and has — the Prevention of Insults to National Honour Act is the standard example. Courts have also used the duties as an interpretive aid, particularly Article 51A(g) on the environment in decisions under Article 21.
A judicially imposed limit from Indra Sawhney, 1992, holding that reservations should ordinarily not exceed half the available seats or posts, so that the rule of equality is not swallowed by the exception. The ten per cent quota for economically weaker sections under the 103rd Amendment was upheld in 2022 as operating outside that ceiling, so the position is more complex than a flat rule.
Through Maneka Gandhi in 1978, which required any procedure depriving liberty to be fair, just and reasonable, and required Articles 14, 19 and 21 to be read together. From that reading the Supreme Court has derived rights to livelihood, shelter, health, a clean environment, education, legal aid, a speedy trial, dignity and privacy — each announced in a named case rather than written into the text.
Very little in the text. What moves is the case law — a new judgment can add to the content of Article 21 or clarify the scope of a reservation provision, as happened with the EWS quota in 2022. The article numbers, the six categories and the classification of directives do not change.
Yes, for Part III. SSC and state papers ask directly which article covers untouchability, arrest, or constitutional remedies, and the option lists are made of neighbouring numbers. For Part IV, learn the ten or so directives that are actually asked — 39A, 40, 44, 45, 47, 48A, 50 — rather than all sixteen articles.
More than from any other single block in polity: five to eight in UPSC Prelims, three to five in SSC CGL Tier 1, four to six in state PSC prelims, and four to six in CLAT and AILET, where the rights are applied to fact situations rather than recalled.
Attempt a timed mock while the formulas are fresh — that is what tells you which of them actually stuck.
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