92. Constitution: Constituent Assembly, Fundamental Rights, DPSP, Fundamental Duties

CORE Key Points at a Glance

1. 1

   Constituent Assembly — Formation and Adoption

   • Constituted in December 1946 under the Cabinet Mission Plan (1946)
   • Initially had 389 members; reduced to 299 after Partition
   • B.R. Ambedkar chaired the Drafting Committee
   • Constitution adopted on 26 November 1949; came into force on 26 January 1950
2. 2

   Part III — Six Fundamental Rights

   • Part III (Articles 12–35) guarantees six Fundamental Rights (originally seven)
   • The Right to Property (Article 31) was removed by the 44th Amendment 1978
   • It was converted to a legal right under Article 300A
3. 3

   Right to Equality — Articles 14 to 18

   • Article 14 (equality before law), Article 15 (prohibition of discrimination)
   • Article 16 (equal opportunity), Article 17 (abolition of untouchability)
   • Article 18 (abolition of titles)
   • Together form the cornerstone of the Constitution's anti-discrimination framework
4. 4

   Article 19 and Article 21 — Freedom and Life

   • Article 19 guarantees six freedoms (speech, assembly, association, movement, residence, profession)
   • Article 21 (right to life and personal liberty) judicially expanded by the Supreme Court
   • Expanded to include right to privacy (K.S. Puttaswamy, 2017), right to livelihood, right to clean environment
5. 5

   Article 32 — Heart and Soul of the Constitution

   • Dr. Ambedkar called Article 32 the "heart and soul of the Constitution"
   • Grants right to move the Supreme Court for enforcement of fundamental rights
   • Counterpart for High Courts is Article 226
   • Five writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto
6. 6

   Part IV — Directive Principles of State Policy

   • Part IV (Articles 36–51) contains the DPSP — non-justiciable guidelines for the state
   • Dr. Ambedkar called them the "novel feature" of the Constitution
   • Classified into Socialistic, Gandhian, and Liberal-Intellectual categories
7. 7

   Key Socialistic DPSPs

   • Article 38: social and economic justice
   • Article 39: adequate livelihood, equal pay, child protection
   • Article 41: right to work, education, public assistance; Article 43: living wage
   • Article 45: early childhood care for children below 6 years (post-86th Amendment 2002)
   • 6–14 education obligation elevated to justiciable FR via Article 21A by same amendment
8. 8

   Key Gandhian DPSPs

   • Article 40: organisation of village panchayats
   • Article 43: cottage industries
   • Article 46: promotion of educational and economic interests of SC/ST
   • Article 47: prohibition of intoxicating drinks
   • Article 48: cattle preservation
9. 9

   Key Liberal-Intellectual DPSPs

   • Article 44: Uniform Civil Code
   • Article 45: early childhood care
   • Article 48A: protection of environment and wildlife (added by 42nd Amendment 1976)
   • Article 49: protection of monuments
   • Article 51: international peace and security
10. 10

    Fundamental Duties — Article 51A

    • Added by the 42nd Amendment 1976 (based on Swaran Singh Committee recommendations)
    • Inserted under Article 51A — originally 10 duties
    • 86th Amendment 2002 added the 11th duty: to provide education to child aged 6–14
11. 11

    Kesavananda and Minerva Mills — Landmark Rulings

    • Kesavananda Bharati (1973): Parliament cannot abrogate Fundamental Rights completely
    • Minerva Mills (1980): harmony between Fundamental Rights and DPSPs must be maintained
    • Neither can completely override the other
12. 12

    DPSP–Fundamental Rights Conflict — Progressive Resolution

    • 25th Amendment (1971): gave primacy to Article 39(b) and (c) DPSPs
    • 42nd Amendment (1976): made DPSPs override Articles 14, 19
    • Minerva Mills (1980): struck down this override — current position is harmonious construction
13. 13

    The Preamble — Amendments and Status

    • Adopted 26 November 1949; declares India a Sovereign, Democratic, Republic
    • Words "Socialist" and "Secular" inserted by the 42nd Amendment 1976
    • Berubari Union (1960): Preamble is not part of the Constitution
    • Kesavananda Bharati (1973): overruled this — Preamble IS part of the Constitution
14. 14

    Article 13 — Lynchpin of Fundamental Rights

    • Pre-constitutional laws inconsistent with Part III are void to the extent of inconsistency (Article 13(1))
    • The state shall not make any law that takes away or abridges Fundamental Rights (Article 13(2))
    • Violation renders such laws void — this is the foundation of judicial review