Rights a court can enforce

Learning outcome

You can tell a Fundamental Right from a Directive Principle, and you can say what Article 32 lets a person ask the Supreme Court to do.

Concepts and why

Fundamental Rights are in Part III. Article 32(1) gives the right to move the Supreme Court for the enforcement of the rights in Part III. The writs used for that enforcement are habeas corpus, mandamus, prohibition, quo warranto and certiorari. Article 32 does not enforce the Directive Principles. The Directive Principles of State Policy are in Part IV. Article 37 says they are not enforceable by any court, but they are fundamental in the governance of the country, and it is the duty of the State to apply them in making laws. Fundamental Duties are a different part, Part IVA, Article 51A. They were inserted by the 42nd Amendment and came into force on 3 January 1977. This lesson does not give a count of those duties.

Worked examples

A person asks which part contains Fundamental Rights. The answer is Part III. A person asks whether a court must enforce a Directive Principle. Article 37 says it is not enforceable by any court.

Common mistakes

Using Article 32 to enforce a Directive Principle. Article 32 is for Part III. Calling the Directive Principles enforceable in court. Article 37 says they are not. Treating Fundamental Duties as Fundamental Rights. Duties are Article 51A, in Part IVA.

Practice questions

1. Which part contains Fundamental Rights?
2. What does Article 32(1) allow a person to do?
3. Are the Directive Principles enforceable by a court?

Answers and explanations

1. Part III.
2. Move the Supreme Court to enforce the rights in Part III.
3. No. Article 37 says they are not enforceable by any court, and it also says the State must apply them in making laws.

Analogy

A lock on a door can be taken to a court. A sign on the wall that tells the builder how to improve the house cannot, by itself, be enforced as that lock. Part III is the lock. Part IV is the sign for law-making.

Quick reference

Part III: Fundamental Rights. Article 32(1): move the Supreme Court to enforce Part III. Writs: habeas corpus, mandamus, prohibition, quo warranto, certiorari. Part IV and Article 37: Directive Principles are not enforceable by any court, but the State must apply them in making laws.