This is transcript of video lectures from the series of [[15 Video Lectures on Indian Constitution]] **Navigate to other lectures in this series:** [[Introduction to Indian Constitution]] | [[Constituent Assembly Debates]] | [[Preamble of Indian Constitution]] | [[Citizenship in India]] | [[Right to Equality]] | [[Reservation Policies and Indian Constitution]] | [[Freedom of Speech & Expression]] | [[Right to Life and Personal Liberty]] | [[Freedom of Religion]] | [[Rights of Minorities]] | [[Directive Principles]] | [[Fundamental Rights, Directive Principles & Fundamental Duties’ Relationship]] | [[Union Executive Powers & Position of President & Prime Minister]] | [[Indian Judiciary]] | [[Constitutional Amendments & the Basic Structure Theory]] # Chapter 12 - Lecture 12 By Prof. (Dr.) Faizan Mustafa Namashkar, welcome to the online course on Indian Constitution which is being offered by Nal sir University of Law Hyderabad in collaboration with Ministry of Law and Justice government of India. In the last lecture we talked about Directive Principles of State Policy. Today we will talk about the relationship between Directive Principles and Fundamental Rights, Fundamental duties and Fundamental Rights and talk at length about the importance and significance of Fundamental duties. Now coming to the relationship of Fundamental Rights and Directive Principles since you have already understood the whole idea of Fundamental Rights and you now know what are the Directive Principles. Let us try to understand what is the relationship between these two that is part three of the Constitution and part four of the Constitution. You would recall that in the last lecture we had discussed that Fundamental Rights are the Civil and Political Rights, what are called First Generation Rights and Directive Principles referred to socio-economic and cultural rights or the Second Generation Rights. The major difference between the two is while Fundamental Rights are justifiable, Directive Principles are non-justifiable. What is the meaning of this crucial word justifiable? Justifiable means if you are denied a right you can go directly to the Supreme Court and Article 32 or to the High Court and Article 226 in the Red Jurisdection. If on the other hand, Directive Principles are not implemented you cannot go to the Court of Law in Woking Red Jurisdection. If you look at the Fundamental Rights chapter you will see that Fundamental Rights are basically negative restrictions on the powers of the State. When we say State shall not deny equality or everyone shall have right to life and personal liberty or everyone shall have freedom of religion or freedom of speech and expression. We are denying State power to impose censorship. We are denying State to interfere in the religious matters or we are denying State power to curtail people's personal liberties. So Fundamental Rights are fundamentally negative restrictions on the power of the State. On the other hand when you look at the Directive Principles of State policy they are positively expressed. State shall endeavor to have a uniform civil court. State shall ensure that there is no concentration of wealth or that the material resources of the country are so distributed as to subserv the common good. So Fundamental Rights are the negative restrictions. Directive Principles are the positive obligations. Fundamental Rights use very definite and certain language. If you look at the relationship in the very first case, Champakam Dorai Rajan 1951 judgment Supreme Court held that Directive Principles are subordinate to Fundamental Rights. Pandit Naro had to bring in first constitutional amendment to save the reservation policies and to overturn this judgment. Subsequently court pronounced what is known as doctrine of harmonious construction. Under which the court said the conflict between Fundamental Rights and the Directive Principles should be avoided. And if it is to be made that both Fundamental Rights and Directive Principles are given effective. In the case of one on the Bharati case, Supreme Court said what is Fundamental in the governance of the country cannot surely be less significant than what is Fundamental in the life of the individual. As you know Directive Principles are non-justifiable but nevertheless Fundamental in the governance of the country. Fundamental Rights are fundamental in the life of the individual. Directive Principles are fundamental in the governance of the country. Amendments were made in Article 31C. Initially, it was said that Directive Principles mentioned in Article 39B and C shall prevail on Fundamental Rights of Article 14 and 19. That is right to equality, right to freedom of speech and expression, right to trade, business and occupation, right to forms, associations and unions, right to move freely throughout the territory of India. All the rights given in Article 19. By the 42nd Amendment, it was provided that all the Directive Principles shall prevail over the Fundamental Rights of Articles 14 and 19. Indulmia cement versus Union of India, Supreme Court said that Fundamental Rights and Directive Principles are the two wheels of chariot. None of the two is less important than the other. This nap won, the other will lose its efficacy. Together, they constitute the conscience of the Constitution to bring about social revolution under rule of law. So, it is a position which is entirely different from the right-roger. Supreme Court has held Fundamental Rights are rightful means to the end that is social and economic justice provided in the Directive Principles and the preamble. The Fundamental Rights and Directive Principles establish the trinity of equality, liberty and fraternity in an egalitarian social order and prevents exploitation. Now let us come to Fundamental duties under Indian Constitution. Technically speaking, liberal constitutions do not generally include Fundamental duties. Socialist constitutions, on the other hand, used to have provisions of Fundamental duties. Accordingly, the original text of Indian Constitution did not have any provision of Fundamental duties. Lasky has also said, rights are related to functions and are given only in return for some duties to be performed. Rights are conferred on individual citizens not only for their own development but also for social good. An individual is the Fundamental organ of the state and each organ is required to work unitesedly to achieve the means of welfare state. You know Fundamental rights are directed towards state. An individual is also an important organ of our country. If you look at Article 29, clause 1 of Universal Declaration of Human Rights, it says everyone has duties to the community in which alone the free and the full development of his personality is possible. Duties to the community is the inspiration from which Fundamental duties will come. Soviet Constitution, since it was a socialist constitution, also has provision of duties. When you come to our country, you have to see how we treat duties. What is the importance of duties of people in Indian culture? The concept of duties has its origin in the Vedas and they are in the form of religious commands. It picks like Bhagwatgita, Ramayana and Habharatha, in Shrinan duty as part of one's Dharma. Doing one's duty under our culture is our Dharma. Indian society is culturally a duty conscious society and we believe that the only right we have is the right to do our duty. Father of nation Mahatma Gandhi ji, while emphasizing socio-economic responsibilities of citizens said, the true source of right is duty. If we all discharge our duties, rights will not be far to seek. If leaving duties and performed, we run after rights. They will escape us like, oh the whisp, the more we pursue them, the farther they will fly. Rights accrue automatically to him who duly performs his duties. In fact the right to perform once duties is the only right that is worth living for and dying for. It covers all legitimate rights. All the rest is grab under one guy's or another and contain in it seeds of hymnsa. The same teaching had been embodied by Lord Krishna in the immortal words and I quote, action alone is time. Leave thou the fruit severely alone. Action is duty, fruit is the right. Gandhi ji also said, he learned from his illiterate but wise mother that all rights to be deserved and preserved come from my duty well done. Does the very right to live accrues to us when we do the duty of citizenship of the world is not talking of citizenship of India. This is the same idea which Tagore was talking about, humanism, universalism. The fundamental duties which are obligatory in nature inculcate an instil a sense of obligation and discipline amongst the citizens towards their duties. These duties serve as a constant reminder to the citizens that there has to be a balance between rights and duties. Their assertion of rights is not correct without being responsible for abiding by one's duties especially when our constitution, the supreme law of the land prescribes those duties. How these fundamental duties which were not there in the original constitution got inserted in our constitution? The Saurant Singh Committee had recommended that certain fundamental duties and obligations of every citizen should be included in the constitution. These recommendations were implemented when article 51a was inserted through the 42nd amendment. But Saurant Singh Committee had also made a recommendation of imposing punishment and penalties for not performing one's duties that was not accepted by the government. Let us not talk of what are the fundamental duties. Under article 51a it shall be the duty of every citizen of India to abide by the constitution and respect its ideals and institutions, the national flag and the national anthem. To cherish and follow the noble ideals which inspired our national struggle for freedom to uphold and protect the sovereignty, unity and integrity of India. To defend the country and render national service when called upon to do so. To promote harmony and 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. To value and preserve the rich heritage of our composite culture to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. To develop the scientific temper, humanism and spirit of inquiry and reform. To safeguard public property and to absorb violence, to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to the higher levels of endeavor and achievement. And then in 2002 by the 86th Constitutional Amendment, we added a fundamental duty of parents and guardian to provide opportunities for education to his child as the case may be or what between the age of 6 to 14 years. Our Constitution is the result of many commitments, promises and pledges made by framers of the Constitution to the people of India. We have one Constitution, one flag, one people and one citizenship. We have to be really proud of our nation, our national flag and our liberal and far-sighted Constitution. Therefore, the first and the foremost duty of every Indian is to abide by the Constitution. To respect its ideals and institutions, the national flag and the national anthem. These are the very physical foundations of our citizenship. Similarly, we are not supposed to indulge in any activity which goes against the letter and the spirit of the Constitution. We must inculcate constitutional values in ourselves. We need to cherish and follow the noble ideals of our national freedom struggle. We must uphold and protect the sovereignty, unity and integrity of India and if necessary to defend it. Article 192 restricts fundamental rights to protect our sovereignty and unity. There is a whole chapter in Indian penal code chapter 6 which deals with offenses against the state. The duty of defending our territories is primarily of our forces but if necessary, we should be ready to make supreme sex defies for our motherland. Our cultural heritage is one of the noblest and the richest. You must value and preserve the rich heritage of our composite culture. What is the relationship between fundamental rights and fundamental duties? Generally it is said rights and duties are correlative. There is no right without a duty and therefore anyone who is interested in right must also be sincere about his duties. But framers of Indian constitution have not said that you will not get your right if you do not do your duties. Like fundamental rights and like direct principles, fundamental duties are also non-justifiable and therefore, rich jurisdiction cannot be invoked in respect of fundamental duties. But in reality, fundamental duties are as important as fundamental rights. And Javed versus the state of Haryana Supreme Court held that fundamental rights are to be read with fundamental duties. So fundamental duties are non-justifiable and therefore their implementation requires aspiration of citizens. We cannot invoke criminal sanctions but our citizens must aspire to be good citizens. We must make these fundamental duties as part and parcel of our character, our character as citizens of this great country. How supreme court has used fundamental duties? In Mohan Kumar Singhhaniya versus Union of India, in order to uphold the constitutionality of amendment to service rules of all India services, supreme court had a record to fundamental duties. In well or citizens welfare forum versus Union of India and Bandkhaal and Suraj Khan Leix Matter 1996, supreme court recognized the precautionary principle, the polluter pays principle as essential features of sustainable development and part of environmental law of the country in view of article 21 and 51 AG. There are several cases in which supreme court has considered the importance of fundamental duties as rule of law. The apex court has held that fundamental duties do not enforceable by the writ of the court, yet they provide valuable guidance and aid to interpretation and resolution of constitutional and legal issues. Political duties were in fact already imbibed in various Indian laws prior to the enactment of fundamental duties in article 51A of our constitution. What recommendations have been made in respect of fundamental duties? Justice J.S. Varma Kamedi in 1999 said, Citizenship is a Solomon duty which every individual must discharge with due diligence and dedication. The current conjecture of social, economic and political forces calls for a movement which captures the imagination of masses and motivates all categories of citizens to abide by the provisions of the constitution in performing their duties and exercising their rights. J.S. Varma Kamedi had also suggested that January thought should be celebrated as fundamental duties day and we should organize on a regular basis, ad hoc AC and sensitization programs on fundamental duties. The committee has said, preemble of the constitution, an article 51A should be appropriately displayed on all government publications, diaries, calendars at public places so that they always get attention of the people. In 2002, Justice M. Venkat Chalaiya commission recommended the first and foremost step required by the union and the state governments is to sensitize the people and to create a general awareness of provisions of fundamental duties amongst the citizens. What did we learn today? One fundamental rights are justifiable, directive principles and fundamental duties are nonjustifiable. All directive principles today prevail over fundamental rights of article 14 and 90. Today fundamental duties are given equal importance with fundamental rights. In the next lecture, we would discuss the union executive. Thank you very much. Namashka. ---  *Disclaimer: I am not asserting any claim over this content. The content is entirely from the Ministry of Law & Justice and NALSAR University of Law's joint online course on the Indian Constitution. My effort has been to make the transcript available for people like myself who prefer to read or quote it rather than to listen. This is part of my public self-archiving project. For more details, see [notes.daktre.com](https://notes.daktre.com) or [daktre.com](https://daktre.com).* **Navigate to other lectures:** [[Introduction to Indian Constitution]] | [[Constituent Assembly Debates]] | [[Preamble of Indian Constitution]] | [[Citizenship in India]] | [[Right to Equality]] | [[Reservation Policies and Indian Constitution]] | [[Freedom of Speech & Expression]] | [[Right to Life and Personal Liberty]] | [[Freedom of Religion]] | [[Rights of Minorities]] | [[Directive Principles]] | [[Fundamental Rights, Directive Principles & Fundamental Duties’ Relationship]] | [[Union Executive Powers & Position of President & Prime Minister]] | [[Indian Judiciary]] | [[Constitutional Amendments & the Basic Structure Theory]] Last updated: 2026-02-21 22:45