Citizenship, Fundamental Rights, Fundamental Duties, and Directive Principles of State Policy

Welcome, students! Today, we embark on a crucial journey into the heart of the Indian Constitution. Understanding Citizenship, Fundamental Rights, Fundamental Duties, and Directive Principles of State Policy is not just about memorizing articles; it's about grasping the very essence of India as a democratic republic and the rights and responsibilities that come with being an Indian citizen. These concepts form the bedrock of our governance and individual liberties.

Citizenship

Citizenship is the status of being a legal member of a sovereign state. In India, citizenship grants individuals certain rights and imposes certain duties. The Constitution of India, particularly Part II (Articles 5 to 11), deals with citizenship. However, the detailed provisions regarding how citizenship can be acquired or lost are laid down by the Parliament through specific acts.

Acquisition of Citizenship

The Citizenship Act, 1955, outlines the primary ways an individual can become a citizen of India:

• By Birth: Every person born in India on or after January 26, 1950, is deemed to be a citizen of India by birth. However, there are exceptions, such as children of foreign diplomats or enemy aliens.
• By Descent: A person born outside India on or after January 26, 1950, is a citizen of India by descent if their father was a citizen of India at the time of their birth. Later amendments also included the mother as a parent for citizenship by descent.
• By Registration: Persons of Indian origin who have been ordinarily resident in India for seven years before applying, or persons married to Indian citizens and resident in India for seven years, can apply for citizenship by registration.
• By Naturalisation: An alien (foreigner) can acquire citizenship by naturalisation if they meet certain conditions, including residing in India for 12 years (out of 14 years preceding the application) and having a good character.
• By Incorporation of Territory: When a foreign territory becomes part of India, the Government of India may, by order, specify the persons who shall be citizens of India.

Loss of Citizenship

Citizenship can be lost in three ways:

• Renunciation: If an Indian citizen voluntarily acquires citizenship of another country, they automatically cease to be an Indian citizen.
• Termination: If an Indian citizen voluntarily acquires the citizenship of another country, their Indian citizenship is terminated.
• Deprivation: The government can deprive a naturalised citizen of their citizenship if they have obtained it by fraud, have shown disloyalty to the Constitution, or have assisted an enemy during wartime.

Fundamental Rights

Fundamental Rights are guaranteed by the Constitution to all citizens and are essential for the all-round development of individuals. They are enshrined in Part III of the Constitution (Articles 12-35). These rights are justifiable, meaning they can be enforced by the courts. Any law that violates these rights can be declared void by the Supreme Court or High Courts.

The Six Categories of Fundamental Rights:

1. Right to Equality (Articles 14-18):
   • Article 14: Equality before the law and equal protection of the laws. This means no person is above the law and everyone should be treated equally under ordinary laws.
   • Article 15: Prohibition of discrimination on grounds only of religion, race, caste, sex, or place of birth. The state cannot discriminate against any citizen.
   • Article 16: Equality of opportunity in matters of public employment. All citizens have equal opportunities for jobs in the government.
   • Article 17: Abolition of Untouchability. Practicing untouchability is an offence punishable by law.
   • Article 18: Abolition of titles. No titles, except military and academic, can be conferred by the State.
2. Right to Freedom (Articles 19-22):
   • Article 19: Protection of certain rights regarding freedom of speech and expression, assembly, association, movement, residence, and profession. These freedoms are not absolute and can be reasonably restricted.
   • Article 20: Protection in respect of conviction for offences. No person can be punished except for the violation of a law in force at the time of the commission of the offence.
   • Article 21: Protection of life and personal liberty. This is the most comprehensive right, interpreted by courts to include the right to live with dignity, right to livelihood, right to privacy, etc.
   • Article 21A: Right to Education. The state shall provide free and compulsory education to all children between the ages of 6 and 14 years. (Added by the 86th Amendment Act, 2002).
   • Article 22: Protection against arrest and detention. It provides safeguards against arbitrary arrest and detention.
3. Right against Exploitation (Articles 23-24):
   • Article 23: Prohibition of traffic in human beings and forced labour.
   • Article 24: Prohibition of employment of children in factories, mines, or any other hazardous employment below the age of 14 years.
4. Right to Freedom of Religion (Articles 25-28):
   • Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
   • Article 26: Freedom to manage religious affairs.
   • Article 27: Freedom as to payment of taxes for promotion of any particular religion.
   • Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
5. Cultural and Educational Rights (Articles 29-30):
   • Article 29: Protection of interests of minorities. Any section of citizens having a distinct language, script, or culture has the right to conserve it.
   • Article 30: Right of minorities to establish and administer educational institutions.
6. Right to Constitutional Remedies (Article 32):

   This article is considered the 'soul and heart' of the Constitution by Dr. B.R. Ambedkar. It empowers individuals to move the Supreme Court (and High Courts under Article 226) for the enforcement of their Fundamental Rights. The courts can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

Important Note: The original Constitution also had the Right to Property (Article 31) as a Fundamental Right. However, it was removed by the 44th Amendment Act, 1978, and made a constitutional or legal right under Article 300A in Part XII of the Constitution.

Fundamental Duties

Fundamental Duties were not originally included in the Constitution. They were added by the 42nd Amendment Act, 1976, on the recommendation of the Swaran Singh Committee. They are incorporated in Part IV-A of the Constitution (Article 51A).

These duties are a reminder to citizens that while they are enjoying certain rights, they also have certain responsibilities towards the nation, society, and fellow citizens. Unlike Fundamental Rights, Fundamental Duties are not justiciable, meaning they cannot be enforced by the courts. However, they serve as a moral guide and can be used by the Parliament to make laws.

The Ten Fundamental Duties (as originally added):

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity, and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
8. To develop the scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.

A further Fundamental Duty was added by the 86th Amendment Act, 2002:

11. To provide opportunities for education to his child or ward between the age of six and fourteen years.

Directive Principles of State Policy (DPSP)

The Directive Principles of State Policy (DPSP) are found in Part IV of the Constitution (Articles 36-51). They represent the goals and ideals that the state should strive to achieve while governing the country. They are essentially instructions or guidelines to the legislature and the executive to promote social and economic democracy in India.

Unlike Fundamental Rights, Directive Principles are non-justiciable. This means they cannot be enforced by any court. However, the Constitution explicitly states that 'the principles laid down in this Part are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws' (Article 37).

Classification of Directive Principles:

The DPSPs can be broadly classified into three categories, though not explicitly mentioned in the Constitution:

• Socialistic Principles: These reflect the ideology of socialism and aim to establish a welfare state.
  • Article 38: The State shall strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic, and political, shall inform all the institutions of national life. It also directs the state to minimize inequalities in income and endeavour to eliminate inequalities in status, facilities, and opportunities.
  • Article 39: The State shall, in particular, direct its policy towards securing:
    • (a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
    • (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
    • (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
    • (d) that there is equal pay for equal work for both men and women;
    • (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
    • (f) that opportunities for healthy development of children are afforded.
  • Article 39A: Equal justice and free legal aid.
  • Article 40: Organisation of village panchayats.
  • Article 41: Right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.
  • Article 42: Provision for just and humane conditions of work and maternity relief.
  • Article 43: Living wage, conditions of work ensuring a decent standard of life and fully enjoying social and cultural opportunities.
  • Article 43A: Participation of workers in management of undertakings.
  • Article 43B: Promotion of cooperative societies.
  • Article 44: Uniform Civil Code for the citizens.
  • Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
• Gandhian Principles: These are based on the Gandhian ideology for the reconstruction of Indian society.
  • Article 40: Organisation of village panchayats (also listed above).
  • Article 43: Promotion of cottage industries (also listed above).
  • Article 43B: Promotion of cooperative societies (also listed above).
  • Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.
  • Article 47: Duty of the State to raise the level of nutrition and the standard of living (also listed above).
  • Article 48: Organisation of agriculture and animal husbandry.
• Liberal-Intellectual Principles: These principles reflect the ideology of liberalism and aim to establish a liberal society.
  • Article 44: Uniform Civil Code (also listed above).
  • Article 45: Provision for early childhood care and education for all children until they complete the age of six years. (This article has been amended to focus on early childhood care after the Right to Education became a Fundamental Right).
  • Article 48: Organisation of agriculture and animal husbandry (also listed above).
  • Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife.
  • Article 49: Protection of monuments, places, and objects of national importance.
  • Article 50: Separation of judiciary from the executive.
  • Article 51: Promotion of international peace and security.

Relationship between Fundamental Rights and Directive Principles:

There has often been a debate regarding the supremacy of Fundamental Rights over Directive Principles or vice versa. The Supreme Court has evolved its stance over time:

• Initially, the courts held that Fundamental Rights were supreme and could not be abridged by any law made to implement Directive Principles (e.g., Champakam Dorairajan case).
• Later, the Supreme Court ruled that Fundamental Rights and Directive Principles are complementary to each other and aim at the same goal of establishing a welfare state. The court held that Directive Principles could be implemented by amending Fundamental Rights (e.g., Golaknath case, where the 24th Amendment Act was passed to counter this judgment).
• The Kesavananda Bharati case (1973) laid down the 'Basic Structure Doctrine,' stating that Parliament can amend Fundamental Rights but not the basic structure of the Constitution, which includes the harmony between Fundamental Rights and Directive Principles.
• The Supreme Court has also held that in case of conflict, courts would try to harmoniously construct the provisions of Part III and Part IV. If it is not possible, then the Directive Principles yielding to Fundamental Rights might be considered valid if they are in the public interest and serve the Directive Principles.

In essence, Citizenship defines our belonging and our rights/duties as members of the Indian state. Fundamental Rights are the guaranteed freedoms and protections every citizen enjoys. Fundamental Duties are our obligations towards the nation. Directive Principles are the guiding stars for the government to build a just, equitable, and prosperous society. Together, they form the pillars of India's democratic framework.