Test: Polity- 2 - Italian MCQ

Evolution of Fundamental Rights

• The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. In this regard, the framers of the Constitution derived inspiration from the Constitution of USA (i.e., Bill of Rights).
• It contains a very long and comprehensive list of ‘justiciable’ Fundamental Rights. In fact, the Fundamental Rights in our Constitution are more elaborate than those found in the Constitution of any other country in the world, including the USA.
• The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination. They uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation.

Prohibition:

• Prohibition writ is issued by a higher court to a lower court or tribunal, directing them to stop proceedings in a case that falls outside their jurisdiction or where there is an error of law. 
• It prevents inferior courts from exceeding their authority or acting beyond the scope of their powers.

Certiorari:

• Certiorari means “to be certifi ed” in Latin. This writ is issued by a higher court to a lower court or tribunal, directing them to send the records of a case for review. It is used to correct errors of law, jurisdictional issues, or to ensure fair proceedings.
• The writ of certiorari is employed to bring a case from a lower court to a higher court for examination.

Quo Warranto:

• Quo warranto means “by what authority” in Latin. This writ is issued to inquire into the legality of a person holding a public offi ce, corporation, or position of power.
• It challenges the authority or legitimacy of the person in that position and seeks to prevent the usurpation of public offi ces.

Statement 2 is incorrect: It must be passed by each house by a majority of the total membership of that house and by a majority of not less than 2/3rd of the members present and voting.

Procedure for the amendment under article 368

• A Bill to amend the Constitution may be introduced in either house of the Parliament. It must be passed by each house by a majority of the total membership of that house and by a majority of not less than 2/3rd of the members present and voting.
• Thereafter, the bill is presented to the President for his assent who shall give his assent and thereupon the Constitution shall stand amended.
• In case, ratifi cation by state is required it has to be done before presenting it to the President for his/her assent.

Article 31

• The 44th Amendment Act of 1978 brought signifi cant changes to Article 31. It deleted the right to property as a fundamental right and reclassifi ed it as a legal right. This amendment was a response to the government’s aim to implement land reform measures and to promote socio-economic equality. The amendment also introduced Article 300A, which deals with the right to property as a legal right.
• Article 300A states that no person can be deprived of their property except by authority of law. It ensures that the government can acquire private property for public purposes, but it must provide just and fair compensation to the affected individuals. This compensation must be determined in accordance with existing laws or through a procedure established by law.

Option (b) is correct: Part III of the Constitution is rightly described as the Magna Carta of India.

Fundamental Rights

• The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. In this regard, the framers of the Constitution derived inspiration from the Constitution of USA (i.e., Bill of Rights). Part III of the Constitution is rightly described as the Magna Carta of India.
• It contains a very long and comprehensive list of ‘justiciable’ Fundamental Rights. In fact, the Fundamental Rights in our Constitution are more elaborate than those found in the Constitution of any other country in the world, including the USA.
• The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination. They uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation.

Equality

• The concept of equality lies at the heart of Part III. It embodies the philosophical idea that every person is born equal and should be treated as such.
• Article 14 of the Constitution states that the state shall not deny any person equality before the law or equal protection of the laws.
• This principle prohibits discrimination on various grounds, including race, religion, caste, sex, and place of birth.
• It recognizes the inherent worth and equal rights of all individuals, emphasizing that no one should be subjected to unfair treatment or prejudice.

Liberty

• Part III also encompasses the philosophical principle of liberty, emphasizing the importance of individual freedom and autonomy.
• Articles 19 to 22 guarantee various freedoms, such as freedom of speech and expression, freedom of assembly, freedom of movement, and protection of personal liberty. These rights reflec t the belief that individuals should have the freedom to express themselves, participate in public life, and make choices that align with their values and preferences.
• The Constitution seeks to safeguard these liberties, ensuring that the state does not unduly curtail them except in certain reasonable circumstances.

Judgments related to amendment of the Constitution

• Regarding key judgments on the Indian Constitution, the Supreme Court of India has played a vital role in interpreting and upholding its provisions.
• Kesavananda Bharati v. State of Kerala (1973): This landmark judgment established the doctrine of basic structure, which holds that there are certain essential features of the Constitution that cannot be amended by Parliament. It ensures the protection of fundamental rights and the basic framework of the Constitution.
• Indira Nehru Gandhi v. Raj Narain (1975): In this case, the Supreme Court ruled that even the Prime Minister is subject to the rule of law, and it upheld the principle of free and fair elections.
• Minerva Mills Ltd. v. Union of India (1980): This judgment further clarifi ed the limitations on Parliament’s power to amend the Constitution. It held that Parliament cannot destroy or damage the basic features of the Constitution.

Social Justice:

• The concept of social justice is not explicitly mentioned in Part III, it is an underlying principle that guides the interpretation and application of the fundamental rights.
• The Constitution aims to create a society that is just and egalitarian, where the benefi ts of development are shared by all. It recognizes the historical disadvantages faced by marginalized communities and seeks to uplift them through affi rmative action measures.
• Articles 15 and 16, for instance, provide for reservations in educational institutions and public employment for socially and educationally backward classes.
• These provisions embody the philosophy of social justice, striving to rectify historical inequalities and ensure a more equitable society.
• Part III also includes the right to constitutional remedies (Article 32), which allows individuals to seek judicial redress in case their fundamental rights are violated.
• This provision reinforces the idea that the Constitution is a living document that guarantees the protection and enforcement of fundamental rights, thereby promoting justice and ensuring the rule of law.

PART III of the constitution

• All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
• As per Article 13 of India Constitution, the State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

Part III: Fundamental Rights 

Part III of the Indian Constitution guarantees fundamental rights to all citizens. These rights are considered essential for the development of an individual’s personality, protection of human dignity, and ensuring a just and fair society.

• The fundamental rights outlined in Part III are enforceable by the courts, and any law that violates these rights can be declared unconstitutional. The fundamental rights guaranteed in Part III include:
• Right to Equality: This includes the right to equality before the law, prohibition of discrimination on various grounds, and equality of opportunity in public employment.
• Right to Freedom: It includes freedoms such as freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement, freedom of residence, and freedom of profession, occupation, trade, or business.
• Right against Exploitation: It prohibits traffi cking in human beings, forced labor, and child labor.
• Right to Freedom of Religion: This includes the freedom of conscience and the right to freely profess, practice, and propagates any religion.
• Cultural and Educational Rights: It protects the rights of minorities to conserve their language, script, and culture, and provides the right to establish and administer educational institutions of their choice.
• Right to Constitutional Remedies: This ensures that individuals can seek legal remedies if their fundamental rights are violated. It includes the right to move the Supreme Court or High Courts for the enforcement of rights.

• Pair 1 is correct: Kesavananda Bharati v. State of Kerala (1973) - Basic Structure Doctrine
• Pair 2 is correct: Maneka Gandhi v. Union of India (1978) - Right to Life and Personal Liberty
• Pair 3 is correct: Vishaka v. State of Rajasthan (1997) - Sexual harassment at the workplace
• Pair 4 is incorrect: Olga Tellis v. Bombay Municipal Corporation (1985) - provide shelter and livelihood to the homeless
• Pair 5 is incorrect: M.C. Mehta v. State of Tamil Nadu (1996) - Environmental Protection

Fundamental Rights and Directive Principles of State Policy related key Judgments of the Courts

• The relationship between Fundamental Rights and Directive Principles of State Policy in the Indian Constitution is signific ant, although they have different implications and enforceability.
• Fundamental Rights, enshrined in Part III of the Indian Constitution (Articles 12 to 35), are a set of individual rights that guarantee certain freedoms and protections to all citizens.
• They are justiciable, meaning that individuals can approach the courts if their Fundamental Rights are violated.
• The Supreme Court has delivered several key judgments that have shaped the interpretation and enforcement of Fundamental Rights in India.

Kesavananda Bharati v. State of Kerala (1973)

• In this landmark judgment, the Supreme Court held that there are certain basic features of the Constitution, including Fundamental Rights, which are beyond the amending power of the Parliament.
• This case established the principle of the “basic structure doctrine” and limited the Parliament’s power to amend the Constitution.
• Maneka Gandhi v. Union of India (1978)
• This case expanded the scope of Article 21 (Right to Life and Personal Liberty) by holding that it includes the right to travel abroad.
• The judgment emphasized that the procedure established by law should be fair, just, and reasonable.

Maneka Gandhi v. Union of India (1978)

• This case expanded the scope of Article 21 (Right to Life and Personal Liberty) by holding that it includes the right to travel abroad.
• The judgment emphasized that the procedure established by law should be fair, just, and reasonable.

Vishaka v. State of Rajasthan (1997)

• In this case, the Supreme Court recognized sexual harassment at the workplace as a violation of the Fundamental Right to gender equality and formulated guidelines, known as the Vishaka guidelines, to prevent and address such harassment.
• Directive Principles of State Policy, found in Part IV of the Indian Constitution (Articles 36 to 51), provide guidelines to the government for governance and policymaking. They lay down social, economic, and political goals that the state should strive to achieve.
• Unlike Fundamental Rights, Directive Principles are non-justiciable, meaning that individuals cannot directly approach the courts for their enforcement.
• However, the courts can consider Directive Principles while interpreting laws and settling disputes.
• While the enforcement of Directive Principles is not mandatory, the courts have recognized their significance and encouraged their implementation.

Olga Tellis v. Bombay Municipal Corporation (1985) 

• The Supreme Court held that the right to livelihood, which is a part of the Directive Principles, is implicit in the right to life under Article 21.
• The judgment emphasized the need for the state to provide shelter and livelihood to the homeless.
• M.C. Mehta v. State of Tamil Nadu (1996)
• In this case, the court emphasized the importance of the Directive Principles relating to environmental protection and directed the closure of certain industries to prevent pollution and protect public health.

Part IV: Directive Principles of State Policy 

• Part IV of the Indian Constitution contains the directive principles of state policy. These principles are guidelines for the government to formulate policies and laws in order to establish a just society, promote social welfare, and improve the standard of living for the citizens.
• Unlike fundamental rights, the directive principles are not enforceable in the courts, but they serve as a moral and political compass for governance. The directive principles cover a wide range of areas, including:
• Social Justice: They aim to promote social, economic, and political justice and eliminate inequalities based on caste, religion, sex, or any other factors. Economic Rights: They include principles related to securing fair and just wages, providing opportunities for livelihood, preventing concentration of wealth, and ensuring equal pay for equal work.
• Welfare Measures: They focus on securing public health, protecting the environment, promoting the welfare of children, and providing social security to vulnerable sections of society.
• Educational and Cultural Rights: They emphasize the promotion of education, preservation of cultural heritage, and the development of scientific temper.
• International Relations: They advocate for principles of international peace and security, respect for international law, and cooperation among nations.

Right to Equality

• The right to equality is a fundamental right enshrined in the Constitution of India. It forms the bedrock of the country’s democratic principles and ensures that all individuals are treated equally before the law, irrespective of their caste, creed, gender, religion, or social status.
• The right to equality prohibits discrimination and promotes inclusivity and social justice.

Abolition of Untouchability:

• The Constitution of India abolished untouchability, a discriminatory practice prevalent in society, through Article 17.
• This provision ensures that every individual, regardless of their caste, is treated with dignity and equality. It promotes social integration and prohibits any form of castebased discrimination.

Gender Equality:

• The Constitution of India guarantees equal pay for equal work for both men and women under Article 39(d) and Article 42. It also prohibits discrimination on the basis of gender under Article 15(1) and Article 15(2).
• For instance, the Prohibition of Child Marriage Act, 2006, prohibits child marriage and aims to protect the rights of young girls.

Right to Education:

• The right to education, as recognized under Article 21A, ensures free and compulsory education for children between the ages of 6 and 14.
• This provision seeks to bridge educational disparities and create equal opportunities for all children, irrespective of their socioeconomic background.

Reservation Policy:

• Article 15(4) and 16(4) of the Constitution of India provide reservation to the socially and educationally backward section of the society.
• It enables the government at State and Central levels to reserve a fi xed number of seats for SCs and STs in the government services.

LGBTQ+ Rights:

• In a landmark judgment in 2018, the Supreme Court of India decriminalized consensual same-sex relationships.
• This ruling recognized the rights of the LGBTQ+ community and affi rmed their right to equality and non-discrimination.

Right to Freedom of Religion:

• The right to equality also encompasses the right to freedom of religion. India is a diverse country with a rich tapestry of religions and faiths. The Constitution guarantees individuals the freedom to practice and propagate their religion without discrimination. The state is prohibited from favoring any particular religion or treating individuals unequally based on their religious beliefs.

Right to Equality

• Equality and freedom or liberty, are the two rights that are most essential to a democracy. It is not possible to think of the one without thinking of the other. Liberty means freedom of thought, expression and action.
• However it does not mean freedom to do anything that one desires or likes. If that were to be permitted then a large number of people will not be able to enjoy their freedom.
• Therefore, freedoms are defi ned in such a manner that every person will enjoy her freedom without threatening freedom of others and without endangering the law and order situation.

Right to life and personal liberty

• The foremost right among rights to freedom is the right to life and personal liberty. No citizen can be denied his or her life except by procedure as laid down under the law. Similarly no one can be denied his/her personal liberty.
• That means no one can be arrested without being told the grounds for such an arrest. If arrested, the person has the right to defend himself by a lawyer of his choice.
• Also, it is mandatory for the police to take that person to the nearest magistrate within 24 hours. The magistrate, who is not part of the police, will decide whether the arrest is justifi ed or not.
• This right is not just confi ned to a guarantee against taking away of an individual’s life but has wider application. Various judgments of Supreme Court have expanded the scope of this right.
• The Supreme Court has ruled that this right also includes right to live with human dignity, free from exploitation.
• The court has held that right to shelter and livelihood is also included in the right to life because no person can live without the means of living, that is, the means of livelihood.

Welfare of Workers

•  Under Article 43, the State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
• The state is directed to secure the welfare and rights of workers, both in organized and unorganized sectors.
• This includes ensuring fair wages, safe working conditions, social security, and protection against exploitation.

Emergency provisions in India

• Part XVIII of the Constitution deals with emergency provisions. The Constitution of India provides for three types of emergencies.

National Emergency (Article 352)

• A national emergency can be declared when the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion.
• The effect of a national emergency is that the central government gains the power to exercise extraordinary powers and take necessary steps to address the emergency situation. During a national emergency, the fundamental rights of citizens can be suspended or restricted.

President’s Rule or State Emergency (Article 356)

• President’s Rule can be imposed in a state when there is a failure of the constitutional machinery in that state.
• The effect of President’s Rule is that the state government is temporarily suspended, and the Governor, appointed by the President, assumes executive authority.
• The state is then governed directly by the central government until normalcy is restored.
  Financial Emergency (Article 360)
• A financial emergency can be declared when the fi nancial stability or credit of India is threatened.
• The effect of a financial emergency is that the President can issue directions to the states to observe certain principles in financial matters, and the central government gains the power to take necessary steps to address the financial situation

Right to Freedom

• Protection of Right to -
  • Freedom of speech and expression
  • Assemble peacefully
  • Form associations/unions
  • Move freely throughout the territory of India
  • Reside and settle in any part of India
  • Practise any profession, or to carry on any occupation, trade or business
  • Protection in respect of conviction for offences
  • Right to life and personal liberty
  • Right to education
  • Protection against arrest and detention in certain cases

Right to life

• Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court held that the right to life under Article 21 is not limited to mere animal existence but encompasses a wider range of rights. The court emphasized that the procedure established by law must be fair, just, and reasonable, and any law depriving a person of life or personal liberty must satisfy the test of reasonableness.
• Olga Tellis v. Bombay Municipal Corporation (1985): The Supreme Court, in this case, upheld the right to livelihood as an integral part of the right to life. It held that the right to life includes the right to earn a livelihood, and any action that deprives a person of their livelihood without a reasonable justific ation would violate Article 21.

Educational Rights

• The Constitution also places a duty on the State to promote and protect the educational interests of the weaker sections of society.
• Article 46, a directive principle of state policy, emphasizes the importance of providing equal opportunities for education to socially and educationally disadvantaged groups, including Scheduled Castes (SCs), Scheduled Tribes (STs), and other backward classes.
• It directs the State to take measures such as scholarships, special provisions, and schemes to uplift these marginalized sections and bridge the educational gap.

Writs and their uses

• In the Indian Constitution, writs play a crucial role in safeguarding the fundamental rights and liberties of individuals.
• Writs are powerful legal remedies that can be sought from the courts to protect and enforce these fundamental rights.
• They are enshrined in Articles 32 and 226 of the Indian Constitution, which grant the Supreme Court and High Courts, respectively, the authority to issue writs for the enforcement of fundamental rights.

• Pair 1 is incorrect: Habeas Corpus - It ensures that a person is not unlawfully detained.
• Pair 2 is incorrect: Mandamus - It is used when a person or entity is denied a right or benefi t that they are entitled to by law.

Writs

• The Constitution of India recognizes fi ve types of writs: habeas corpus, mandamus, prohibition, certiorari, and quo warranto. Each of these writs serves a specifi c purpose and can be invoked under different circumstances.

Habeas Corpus:

• Habeas corpus literally means “to have the body.” This writ ensures that a person is not unlawfully detained or imprisoned. It enables the court to inquire into the legality of a person’s detention and, if found unlawful, orders their immediate release.
• The writ of habeas corpus acts as a safeguard against arbitrary arrest and detention.

Mandamus:

• Mandamus means “command” in Latin. This writ is issued by a higher court to a lower court, public authority, or government offi cial, directing them to perform their legal duty or public duty.
• It is used when a person or entity is denied a right or benefi t that they are entitled to by law, and the writ commands the concerned authority to fulfi ll their obligation.

Article 33 and its uses

• Article 33 empowers the Parliament of India to restrict or modify the fundamental rights of members of the armed forces, paramilitary forces, and police forces.
• This includes the power to curtail or suspend rights related to freedom of speech and expression, freedom of assembly, freedom to form associations or unions, and the right to move freely throughout the territory of India.
• The primary objective of Article 33 is to maintain discipline and ensure the proper functioning of these organizations in the interest of national security.
• By allowing certain restrictions on fundamental rights, it enables the armed forces and other forces to effectively carry out their duties without compromising on the requirements of discipline and hierarchy.

Article 35 and its uses

• Article 35 provides the power to the Parliament or the state legislature to enact laws that determine the scope and applicability of the fundamental rights guaranteed under Part III of the Indian Constitution.
• This means that the Parliament or the state legislature can modify, restrict, or extend the fundamental rights as they see fit, subject to the overall framework of the Constitution.
• The purpose of Article 35 is to allow the legislative bodies to adapt the fundamental rights to the evolving needs of the society and the nation.
• It enables them to balance the rights and interests of individuals with the larger goals of governance, public welfare, and national security. It is important to note that while these articles allow for certain limitations on fundamental rights, they are subject to the overarching principles of reasonableness, proportionality, and fairness.
• Any restrictions imposed under these articles must be justifi able and necessary in a democratic society.

Article 21: Procedure established by law

• The concept of “Procedure established by law” is enshrined in Article 21 of the Indian Constitution.
• It states that no person shall be deprived of their life or personal liberty except according to the procedure established by law.
• This principle emphasizes that the government must act within the boundaries of the law and follow prescribed procedures when depriving a person of their life or personal liberty.
• Under this principle, if a law exists that authorizes the deprivation of life or personal liberty, the government has the power to enforce it.
• However, the procedure must be just, fair, and reasonable. The government cannot act arbitrarily or without following the prescribed legal process.
• This principle ensures that individuals have legal protection against arbitrary actions of the state and guarantees a measure of due process.

• Statement 1 is correct: Educational Rights are enshrined in Part III and Part IV of the Constitution. 
• Statement 2 is incorrect: Under Article 29 of the Indian Constitution, cultural rights are guaranteed to all citizens.
• Statement 3 is incorrect: Article 30 guarantees the right of minorities to establish and administer educational institutions of their choice.

Cultural and Educational Rights

• Cultural and educational rights are an essential part of the Indian Constitution, which recognizes the signifi cance of preserving and promoting diverse cultures and ensuring equal access to education for all citizens.
• These rights are enshrined in Part III and Part IV of the Constitution, which respectively deal with fundamental rights and directive principles of state policy. The cultural and educational rights aim to foster a harmonious and inclusive society, upholding the principles of social justice and equality.
• Under Article 29 of the Indian Constitution, cultural rights are guaranteed to all citizens. It provides for the protection of the rights of minorities to conserve their distinct language, script, and culture.
• It ensures that any section of citizens with a distinct culture, language, or script has the right to preserve and develop it.
• This provision prohibits the denial of admission to educational institutions on the grounds of religion, race, caste, language, or any of these factors. It safeguards the rights of minorities to establish and administer educational institutions of their choice.
• Furthermore, Article 30 guarantees the right of minorities to establish and administer educational institutions of their choice. It ensures that all religious and linguistic minorities have the freedom to manage their educational institutions, both aided and unaided, without discrimination.
• This provision recognizes the importance of preserving and promoting the cultural and educational autonomy of minorities, enabling them to impart education that aligns with their cultural, religious, and linguistic values.

Naz Foundation v. Government of NCT of Delhi (2009)

• The Supreme Court, in this judgment, decriminalized consensual homosexual acts by reading down Section 377 of the Indian Penal Code.
• The court held that Section 377 violated the fundamental rights to privacy, dignity, and equality of LGBTQ+ individuals.

Puttaswamy v. Union of India (2017)

• This case recognized the right to privacy as a fundamental right under the Indian Constitution.
• The Supreme Court held that privacy is intrinsic to the entire fundamental rights chapter of the Constitution and protects personal autonomy and dignity.

Amendments to the Part III

• Amending Part III of the Indian Constitution, which deals with fundamental rights, follows the same procedure as amending any other part of the Constitution.
• The procedure for amending the Indian Constitution is outlined in Article 368.
• Here are the general steps involved:
  • Proposal: The amendment to Part III of the Constitution can be initiated by either house of Parliament, i.e., the Lok Sabha (House of the People) or the Rajya Sabha (Council of States).
  • Introduction of the Bill: The bill for amending Part III of the Constitution is introduced in either house of Parliament. It can be introduced by any member of that house, typically a Minister or a Member of Parliament (MP).
  • Voting: After the bill is introduced, it goes through the regular legislative process. It is debated, examined by a parliamentary committee, and amendments may be proposed. Finally, the bill is put to a vote in the house where it was introduced.
  • Special Majority: To pass the amendment bill, it requires a special majority. This means that it must be approved by a majority of the total membership of that house (i.e., a majority of the MPs present and voting) and by a two-thirds majority of those members present and voting. Transmission to the Other House: If the bill is passed by one house, it is transmitted to the other house, where the process of voting and approval is repeated.
  • President’s Assent: If the bill is passed by both houses of Parliament, it is sent to the President of India for his or her assent. The President can either give assent or withhold it. In case the President withholds assent, the bill does not become law.
  • Amendment: Once the President gives assent, the bill becomes an amendment to the Constitution. In the case of an amendment to Part III, the relevant provisions of the Constitution pertaining to fundamental rights would be modifi ed accordingly.

Article 21 of Indian Constitution

• The right to life is a fundamental human right recognized and protected by the Indian Constitution. Article 21 of the Constitution of India states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” This provision emphasizes the sanctity of life and ensures that every individual has the right to live with dignity and security.
• The right to life under Article 21 encompasses a broad spectrum of rights and has been interpreted expansively by the Indian judiciary. It not only guarantees the right to physical existence but also includes the right to a meaningful life, free from any form of discrimination, violence, or oppression.
• The Supreme Court of India has held that the right to life includes various aspects such as the right to livelihood, the right to health, the right to clean environment, the right to education, and the right to privacy.

Evolution and Sources of the Directive Principles of State Policy

• The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies.
• These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country.