|

 
|




 

THE CONSTITUTIONAL
ENVIRONMENT

N
d The Indian Constitution incorporates a number of
matters that are economically very significant and
have far reaching implications.
d The socio-
socio-economic and political objectives of the
Indian Republic and the basic guiding principles of
state functioning have been clearly laid down in the
Preamble to the Constitution, the Fundamental Rights
and in the Directive Principles of State Policy.
 |||
The Preamble to the Indian Constitution states that,

WE THE PEOPLE OF INDIA, having solemnly resolved to

constitute India into a SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC and to secure to all its citizens:
d USTICE, social, economic and political;
d LIBERTY of thought, expression, belief, faith and worship;
d EQUALITY of status and of opportunity;
and to promote among them all
d FRATERNITY assuring the dignity of the individual and the
unity and integrity of the Nation;
 Purpose of Having a Preambleÿ
Preambleÿ

The Preamble to our Constitution serves two

purposes:--
purposes:

A) It indicates the source from which the

Constitution derives its authority;
B) It also states the objects, which the
Constitution seeks to establish and promote.
 | |

The Fundamental Rights embodied in the Indian
constitution acts as a guarantee that all Indian citizens can
and will lead their lives in peace as long as they live
Indian democracy. These civil liberties take precedence
over any other law of the land. They include Individual
Rights common to most liberal democracies, such as
equality before the law, freedom of speech and
expression, freedom of association and peaceful assembly,
freedom of religion, and the right to constitutional
remedies for the protection of civil rights such as habeas
corpus.
In addition, the Fundamental Rights for Indians are
aimed at overturning the inequities of past social
practices. They have also been used to in
successfully abolishing the "untouchability"; prohibit
discrimination on the grounds of religion, race,
caste, sex, or place of birth; and forbid trafficking in
human beings and also the forced labour. They go
beyond conventional civil liberties in protecting cultural and
educational rights of minorities by ensuring that minorities
may preserve their distinctive languages and establish and
administer their own education institutions.
The Fundamental Rights enumerated in Part III
of the Constitution are:
d Right to Equality

d Right to Freedom

d Right against Exploitation

d Right to freedom of Religion

d Cultural and Educational Rights

d Right to Constitutional Remedies

 ||
By the 42nd Amendment of the Constitution, adopted in
1976, Fundamental Duties of the citizens have also been
enumerated. It shall be the duty of every citizen of India:
d To abide by the Constitution and respect its ideals and
institutions, the National Flag and the National
Anthem;
d To cherish and follow the noble ideals which inspired
our national struggle for freedom;
d To uphold and protect the sovereignty, unity and
integrity of India;
d To defend the country and render national service
when called upon to do so;
d To promote harmony and the 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;
d To value and preserve the rich heritage of our
composite culture;
d To protect and improve the natural environment
including forests, lakes, rivers and wild life, and to have
compassion for living creatures;
d To develop the scientific temper, humanism and the
spirit of inquiry and reform;
d To safeguard public property and to abjure
violence;
d To strive towards excellence in all spheres of
individual and collective activity so that the nation
constantly rises to higher levels of endeavour and
achievement.
 || | |
The concept of Directive Principles of State Policy
was borrowed from the Irish Constitution.

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.

The principles have been inspired by the Directive

Principles given in the Constitution of Ireland and
also by the principles of Gandhism; and relate to
social justice, economic welfare, foreign policy,
and legal and administrative matters.
  !
"

The Directive Principles of State Policy in India can be

classified into following categories:
d Gandhian
d Economic and Socialistic
d Political and Administrative
d ustice and Legal
d Environmental
d Protection of Monuments
d Peace and Security
 # !
"
Indian Directive Principles of State Policy contain the following:
d The State should work towards promoting the welfare of the
people. It needs to promote a social order where social,
economic and political justice are informed in all the institutions
of life.
d The State should also work towards reducing the economic
inequality, and the inequalities in status and opportunity.
d State should also ensure the right for adequate means of
livelihood for all citizens.
d The State should work in order to prevent concentration of
wealth in few hands.
d State has to prevent child abuse and exploitation of workers.
d The State should work for organizations of village
panchayats.
d The State should extend all the help in the cases of
unemployment, old age, sickness and disablement, etc.
d The State must ensure the living wage and proper working
conditions for the workers.
d State should secure a uniform civil code for all citizens.
d The State has to provide free education to all children till 14
years of age.
d The State also has to work for the upliftment of the
backward classes like Scheduled Castes, Scheduled Tribes,
and others.
THANK YOU