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Writs, NHRC, Directive Principles Class 11 Political Science

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Political ScienceCBSE Class 11 · Rights in the Indian Constitution

Constitutional Remedies, Writs, NHRC, Duties and Directive Principles (Class 11 Political Science, Chapter 2)

Updated 17 October 2026 · Fact-checked

The Right to Constitutional Remedies, called by Ambedkar the heart and soul of the Constitution, lets citizens approach the High Court or Supreme Court, which can issue five writs. The NHRC (1993) can only recommend. Directive Principles are non-justiciable goals, rights and policies; they urge government to act, while Fundamental Rights restrain it, and conflicts led to the Kesavananda Bharati ruling.

A citizen whose Fundamental Right is violated goes to the court, which can issue five writs; match each writ name to its one-line meaning.

Illustration drawn for QuestionBuddy.

Understand Constitutional Remedies and Writs, NHRC, Fundamental Duties and the Directive Principles of State Policy

Why this topic matters. The five writs with meanings, the NHRC and the relation between rights and Directive Principles give 3 to 5 mark questions every year.

1. Constitutional remedies. Dr Ambedkar called this right the 'heart and soul of the constitution'. A citizen can approach a High Court or the Supreme Court to restore any violated Fundamental Right, and the courts can issue writs: habeas corpus (produce the arrested person before the court; free them if the arrest is unlawful), mandamus (an office holder is not performing a legal duty), prohibition (a higher court tells a lower court that has exceeded its jurisdiction to stop), quo warranto (a person holds an office without being entitled to it), certiorari (transfer of a pending matter from a lower court or authority to a higher one). Other bodies: National Commissions for Minorities, Women and Scheduled Castes, and the NHRC.

2. NHRC. Set up in 1993; composed of a former Chief Justice of India, a former Supreme Court judge, a former Chief Justice of a High Court and two members with knowledge of human rights. It inquires into violations on its own or on petition, visits jails and researches human rights. It has no power of prosecution; it can only recommend action to the government or courts.

3. Fundamental Duties. Ten duties added by the 42nd Amendment (1976), such as abiding by the Constitution, defending the country, promoting harmony and protecting the environment. The Constitution does not provide for their enforcement and does not make rights conditional on duties.

4. Directive Principles. Guidelines that are non-justiciable: courts cannot order their implementation, so they rest on moral force and public pressure. Three kinds: goals (welfare, justice, equitable distribution of resources, international peace); non-justiciable rights (right to work, adequate livelihood, equal pay for equal work, care and education of young children); policies (village panchayats, cottage industries, uniform civil code, prohibition, preventing slaughter of useful cattle). Implementation includes zamindari abolition, nationalisation of banks, minimum wages, reservations, panchayati raj, the right to education, employment guarantee and mid-day meals.

5. Relationship. Fundamental Rights restrain government from doing certain things and mainly protect individuals; Directive Principles urge it to do certain things for society's well-being. Implementing directives sometimes clashed with rights (zamindari abolition versus the right to property). In 1973 the Supreme Court held that the right to property was not part of the basic structure; in 1978 the 44th Amendment removed it from Fundamental Rights and made it a legal right under Article 300A. The Kesavananda Bharati case settled that there are basic features of the Constitution that Parliament cannot change.

Constitutional Remedies and Writs, NHRC, Fundamental Duties and the Directive Principles of State Policy: key facts

Five writs
Habeas corpusproduce the person
Mandamusperform the duty
Prohibitionstop exceeding jurisdiction
Quo warrantoby what authority
Certioraritransfer the matter
Issued by High Court or Supreme Court.
NHRC
  • Set up 1993
  • Chairperson a former Chief Justice of India
  • Inquires, visits jails
  • No power of prosecution
Recommends only.
Directive Principles
  • Goals
  • Non-justiciable rights
  • Policies
  • Not enforceable by courts
Moral force.
Property right
1973not basic structure
197844th Amendment, Article 300A
Kesavananda Bharatibasic features cannot be changed
Rights versus directives.

How to answer Constitutional Remedies and Writs, NHRC, Fundamental Duties and the Directive Principles of State Policy questions

A writ question matches the facts with the writ.

  1. 1Identify who did what wrong (unlawful arrest, duty not done, no entitlement, excess of jurisdiction).
  2. 2Match it to habeas corpus, mandamus, quo warranto or prohibition.
  3. 3State what the court orders.
  4. 4Mention the court (High Court or Supreme Court).

Constitutional Remedies and Writs, NHRC, Fundamental Duties and the Directive Principles of State Policy in real life

The idea, met in an everyday situation. Answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.

Missing person in custody

Suppose a family believes a relative has been detained by police and not produced anywhere.

Which writ can they seek?

Try it first, then show the solutionSolution
  1. Habeas corpus orders production of the person before the court.
  2. The court can free the person if detention is unlawful.

Answer: Habeas corpus.

Memory hook: Produce the body.

Officer refuses to act

Suppose an official refuses to issue a document he is legally bound to issue, harming a citizen.

Which writ applies?

Try it first, then show the solutionSolution
  1. An office holder is not performing a legal duty.
  2. Mandamus is issued in that case.

Answer: Mandamus.

Memory hook: We command you.

Tricks to remember Constitutional Remedies and Writs, NHRC, Fundamental Duties and the Directive Principles of State Policy

Short memory aids. Say each one aloud once, then use it on a question the same day.

  • HM-PQC

    Habeas corpus, Mandamus, Prohibition, Quo warranto, Certiorari

    Use it when: Writs.

  • Restrain versus urge

    Rights restrain government; directives urge it

    Use it when: Relation.

  • 73, 78

    Property: not basic structure 1973; Article 300A 1978

    Use it when: Property right.

Constitutional Remedies and Writs, NHRC, Fundamental Duties and the Directive Principles of State Policy: solved examples

Ordered from board level to HOTS. Try each one before you open the solution.

Example 1: Writ match · 1 mark · MCQBoard level

A writ issued when a person holds a public office without being entitled to it is:
(A) mandamus
(B) certiorari
(C) quo warranto
(D) prohibition

Try it first, then show the solutionSolution
  1. Quo warranto restrains a person who holds an office without entitlement (1 mark).

Answer: (C)

Example 2: NHRC power · 2 marks · Very short answerBoard level

State one function and one limitation of the NHRC. (2 marks)

Try it first, then show the solutionSolution
  1. Function: inquire into violations on its own or on petition, or visit jails (1 mark).
  2. Limitation: no power of prosecution; can only recommend (1 mark).

Answer: The NHRC inquires into violations of human rights on its own or on a victim's petition. Its limitation is that it has no power of prosecution; it can only recommend action to the government or courts.

Example 3: Directive Principles · 3 marks · Short answerHarder board level

Why can a citizen not go to court to demand that a directive be implemented, and what gives such principles their force? Name one directive of each of the three kinds. (3 marks)

Try it first, then show the solutionSolution
  1. The framers did not want to bind future governments rigidly, so courts cannot enforce them (1 mark).
  2. Goals: welfare, justice; non-justiciable rights: right to work, equal pay (1 mark).
  3. Policies: panchayats, cottage industries, uniform civil code (1 mark).

Answer: The framers did not want to bind future governments rigidly, so the directives are not legally enforceable and rely on moral force and public pressure. They contain goals such as social and economic justice, rights such as the right to work and equal pay for equal work, and policies such as promoting village panchayats and cottage industries or a uniform civil code.

Example 4: Assertion and reason: rights and directives · 1 mark · Assertion-reasonHarder board level

Assertion (A): Fundamental Rights and Directive Principles are complementary in purpose.
Reason (R): Rights restrain government from certain actions while directives urge it to take certain actions for society.
(A) Both true, R explains A
(B) Both true, R does not explain A
(C) A true, R false
(D) A false, R true

Try it first, then show the solutionSolution
  1. The textbook describes them as complementary and the restrain/urge contrast explains the relation (1 mark).

Answer: (A)

Example 5: HOTS: land reform and property · 5 marks · Long answerHOTS / competency

In the early years of the Republic, laws abolishing zamindari were challenged as violating the right to property. Using the chapter, explain the clash between a right and a directive, the positions of government and courts, and how the matter developed up to 1978 and Kesavananda Bharati. (5 marks)

Try it first, then show the solutionSolution
  1. Directives urge equitable distribution of resources and zamindari abolition implemented them (1 mark).
  2. Right to property was a Fundamental Right and zamindars challenged abolition (1 mark).
  3. Government amended the Constitution; courts held rights too important to limit even for directives (1 mark).
  4. 1973: right to property not part of the basic structure; 1978: 44th Amendment removed it and made it Article 300A (1 mark).
  5. Kesavananda Bharati: Parliament cannot change the basic features of the Constitution (1 mark).

Answer: The Directive Principles urge government to ensure equitable distribution of resources, and zamindari abolition implemented this, but the zamindars challenged it as a violation of the Fundamental Right to property. Government amended the Constitution to give effect to directives, saying rights could be abridged, while courts held that Fundamental Rights were too important to limit even for directives. In 1973 the Supreme Court held that the right to property was not part of the basic structure, and in 1978 the 44th Amendment removed it from Fundamental Rights and made it a legal right under Article 300A. The Kesavananda Bharati case settled that Parliament may amend the Constitution but cannot change its basic features.

Where students lose marks in Constitutional Remedies and Writs, NHRC, Fundamental Duties and the Directive Principles of State Policy

The slips examiners see most often, and what to write instead.

  • Mistake: Mixing prohibition and certiorari

    Both concern lower courts.

    Wrong working

    Prohibition transfers a case.

    Right working

    Prohibition stops a lower court acting beyond jurisdiction; certiorari transfers a pending matter.

    Do this: Prohibition means stop.

    Usually costs: 1 mark.

  • Mistake: Calling Directive Principles enforceable

    Rights confusion.

    Wrong working

    Courts can enforce Directive Principles.

    Right working

    They are non-justiciable.

    Do this: Say "not enforceable by courts".

    Usually costs: 1 mark.

  • Mistake: Giving NHRC powers of punishment

    Overstating powers.

    Wrong working

    NHRC can punish officials.

    Right working

    NHRC can only recommend; no power of prosecution.

    Do this: Write "recommend".

    Usually costs: 1 mark.

Exam tips

  • Write the five writs in a table with meaning and an example.
  • State that Directive Principles are non-justiciable but fundamental in governance.
  • Date the property right changes: 1973 and 1978.

Practice questions on Constitutional Remedies and Writs, NHRC, Fundamental Duties and the Directive Principles of State Policy

Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.

  1. Q1 · 1 mark · MCQBoard level

    The Fundamental Duties were added by the:
    (A) 1st Amendment
    (B) 42nd Amendment
    (C) 44th Amendment
    (D) 73rd Amendment

    Hint

    1976.

    Answer

    (B)

  2. Q2 · 2 marks · Very short answerBoard level

    What did Ambedkar call the Right to Constitutional Remedies? (2 marks)

    Hint

    Heart and soul.

    Answer

    He called it the heart and soul of the Constitution because it allows citizens to approach the courts to restore any violated Fundamental Right.

  3. Q3 · 3 marks · Short answerHarder board level

    Explain the writs of prohibition and certiorari. (3 marks)

    Hint

    Lower court.

    Answer

    Prohibition is issued by a higher court when a lower court has gone beyond its jurisdiction in a case. Certiorari is an order for a lower court or authority to transfer a pending matter to a higher court or authority.

  4. Q4 · 3 marks · Short answerHarder board level

    Distinguish Fundamental Rights from Directive Principles in nature and enforcement. (3 marks)

    Hint

    Justiciable.

    Answer

    Fundamental Rights restrain government and mainly protect individuals; they are enforceable by courts. Directive Principles urge government to act for the well-being of society and are not enforceable by courts, relying on moral force.

  5. Q5 · 4 marks · Short answerHOTS / competency

    A group argues that rights should be given only to those who perform their duties. Using the chapter on Fundamental Duties, evaluate the claim. (4 marks)

    Hint

    Not conditional.

    Answer

    The Constitution lists ten Fundamental Duties added in 1976 but says nothing about enforcing them, and it does not make rights conditional on performing duties. So the claim does not match the constitutional position. Duties are guides to responsible citizenship, whereas rights are guaranteed independently and protected by the courts.

Test your recall

Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.

  1. 1.Which Amendment added duties?Show answer

    The 42nd (1976).

  2. 2.Which year was NHRC set up?Show answer

    1993.

  3. 3.What is certiorari?Show answer

    Transfer of a pending matter to a higher court.

  4. 4.Which case settled basic features?Show answer

    Kesavananda Bharati.

Constitutional Remedies and Writs, NHRC, Fundamental Duties and the Directive Principles of State Policy: frequently asked questions

Who can issue writs?

The High Courts and the Supreme Court.

How many Fundamental Duties are in the chapter?

Ten.

What is Article 300A?

The legal right to property after the 44th Amendment.