Unit 1-3 PDF

Department of Distance and Continuing Education
University of Delhi
nwjLFk ,oa lrr~ f'k{kk foHkkx
fnYyh fo'ofo|ky;
All UG Courses
Semester-I
Course Credits - 2
Value Addition Course (VAC)
CONSTITUTIONAL VALUES AND
FUNDAMENTAL DUTIES
(Department of Political Science)
As per the UGCF - 2022 and National Education Policy 2020
Constitutional Values and Fundamental Duties
Editorial Board
Dr. Mangal Deo
Dr. Shakti Pradayani Rout
Content Writers
Dr. Mangal Deo,
Dr. Ashutosh Jha, Dr. Shiksha Rani
Academic Coordinator
Deekshant Awasthi
© Department of Distance and Continuing Education

IBSN: 978-93-95774-96-3
Ist edition: 2022
E-mail: ddceprinting@col.du.ac.in
politicalscience@col.du.ac.in
Published by:
Department of Distance and Continuing Education under
the aegis of Campus of Open Learning/School of Open Learning,
University of Delhi, Delhi-110007
Printed by:
School of Open Learning, University of Delhi
© Department of Distance & Continuing Education, Campus of Open Learning,

All UG Courses
• The present study material (Unit-II) is a modified and reframed version of the earlier study material by
the same name under the CBCS Semester system and Unit-I and Unit-III afresh written .
• Corrections/Modifications/Suggestions proposed by the Statutory Body, DU/Stakeholder/s in the Self
Learning Material (SLM) will be incorporated in the next edition. However, these
corrections/modifications/suggestions will be uploaded on the website https://sol.du.ac.in. Any
feedback or suggestions can be sent to the email- feedbackslm@col.du.ac.in

Table of Contents
Sl. No. Title Writer Pg. No.
Unit-I The Constitution of India-An Introduction Dr. Mangal Deo 01

(a) Federal Republic, Rule of Law, Separation
of Power
(b) Sovereignty, Socialism, Democracy
(c) Secularism and Sarva Dharma Sama Bhava
Unit-II Constitutional Values Dr. Mangal Deo 14

(a) Justice: Social, Political, Economic Dr. Ashutosh Jha
(b) Liberty: Thought, Expression, Belief, Faith,
Worship
(c) Equality: Equality Before Law & Equal
Application of Laws
(d) Fraternity: Dignity, Unity and Integrity
Unit-III Fundamental Duties Dr. Mangal Deo 27

(a) Reflecting on the Ancient Indian Notions of Dr. Shiksha Rani
Righteousness and Duty Consciousness
(b) Fundamental Duties–Article 51a [(A)- (K)]
(c) Legal Status of Fundamental Duties–
Judicial Approach

Unit-I : The Constitution of India-An Introduction

(a) FEDERAL REPUBLIC, RULE OF LAW, SEPARATION
OF POWER
(b) SOVEREIGNTY, SOCIALISM, DEMOCRACY
(c) SECULARISM AND SARVA DHARMA SAMA BHAVA
Dr. Mangal Deo
STRUCTURE
1.1. Learning Objectives
1.2. Introduction
1.3. The Salient Features of Indian Constitution
1.4. Federal Republic
1.5. Rule of Law
1.6. Separation of Powers
1.7. Sovereignty
1.8. Socialism
1.9. Democracy
1.10. Secularism and Sarva Dharma Sama Bhava
1.11. Basic Structure
1.12. Conclusion
1.13. Self-Assessment Questions
1.14. References
1.1 LEARNING OBJECTIVES
• Study of constitutional development and constitution making process in India

• Study of the basic features of the Indian Constitution
• Study of the values contained in the basic features of the Indian Constitution
1.2 INTRODUCTION
The constitution is a political instrument, but it also aims to raise socioeconomic standards so
that people can live honourably and with dignity. It is a legal document that lays forth a set of
1|Page

All UG Courses
guidelines for how the nation will be governed. One analyst asserts that the constitution is a
living text that changes in response to the nation's shifting requirements and conditions. The
political aspirations of a nation's citizens are reflected in its constitution. It outlines the long-
term requirements and goals that the nation hopes to achieve. The Indian constitution has
undergone over a hundred amendments in the past 74 years. Although its fundamental form
hasn't changed, it is still recognised as offering guiding principles for the nation's governance.
The executive, legislative, and judicial branches of government are fundamentally guided by
the constitution. The Indian Constitution is effectively supreme. The constitution serves as
the structure for all organisations, whether they are trade unions, peasant groups, sports
organisations. Generally speaking, there are three crucial circumstances where constitutional
protection is demanded. Firstly, out of an armed rebellion or civil war secondly, from foreign
yoke and thirdly, outbreak of a socialist revolution. Undoubtedly, Indian constitution falls in
second category. The constitution of India was written through constituent assembly who
were elected by the people in July 1946. Despite boycott by Muslim League, the first meeting
of Constituent Assembly was held on 9th December 1946. They took almost two years eleven
months 13 days to write the constitution. Finally, it was adopted on 26th November 1949 and
came into 26th January 1950.
1.3 THE SALIENT FEATURES OF INDIAN CONSTITUTION
The Preamble :- “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”
Justice, Social, Economic and Political
Liberty of thought, expression, belief, faith and worship.
Equality of status and of opportunity: and to promote among them all
Fraternity assuring the dignity of the individual and the unity and INTEGRITY of the Nation;
In our constituent assembly this twenty-sixth day of November, 1949, do HERE By adopt,
enact and give to ourselves this constitutions.
Written constitution: Like most of the modern democracies United States of America,
Britain, Australia, France, China, Germany, India too has a written constitution. It is true that
Britain does not have an unwritten constitution, but it does not mean that it does not have any
written documents. Since the Magna carta of 1215, Britain is ruled by several charter,
statutes, acts, rules and regulations that are enacted by its parliament from time-to-time. The
founding fathers have provided a written document that remains an important political
encyclopaedia for the country.
2|Page

The longest constitution: The country of India is known for its longest constitution as it the
founding fathers have tried provided a detailed document that touched all aspects of the
country’s governmental system. While the constitution of United States has the shortest
constitution having only seven articles. The constitution of China has only 138 articles, the
Canadian constitution has 11 parts and 147 sections the constitution of India, however, has
originally 395 articles and it is also important to note that the structure of the constitution has
been expanding through various amendments. There are a host of reasons that prompted the
framers to write a lengthy constitution. (i) pluralist character and multiculturalism of Indian
states is responsible for the big constitution. The people of different languages castes
religions ethnics live in India. (ii) The enormity of the country has largely contributed in
making it the largest constitution in the world. (iii) India is a large country with an agrarian
economy. At time of independence, large number of people was suffering from poverty, mal-
nutrition and illiteracy which might have led the architects to ventilate those problems within
the constitutional parameters. (iv) Although the directive principles are not enforceable by the
court of law, but these are indispensable for the centre and the units to implement to win
elections and trust of the people. Over the years, the governments launched myriad socio-
economic programmes to improve the conditions of people. (v) In 1947, India had a number
of princely states. The country had to accommodate their interests. (vi) The constitution
makers thought India to remain a mixed economy where both public and private sectors to
exist. For instance, besides allowing big-industrial houses to carry out business activities, the
government launched Five-Hear Plan in 1951-52, and Indira Gandhi government nationalised
fourteen banks in 1969 which were largely functioning in private hands. Perhaps, these were
nationalised by Indira Gandhi by keeping the socialist spirit in mind. (vii) North-Eastern
Agency (NEFA), of the country was a disturbed region even before independence in the
British regime. It is consisted of tribal population of different ethnics. This region composed
of Assam, Tripura, Mizoram and Meghalaya were exclusively dealt by schedule-VI. This was
being governed by British- Bengal Frontier regulation act of 1873. That’s why, VI schedule
was added in article 244 and article 275. For other tribal regions, schedule V was included in
the constitution. (viii) India is a country of diverse languages spoken by different regions.
While North Indian people speak Hindi, Punjabi, Western Indian people use Gujurati and
Marathi, the South Indian people speak Telugu, Tamil, Kanada and Kerala people use
Malayalam, the Eastern Indian people speak Odiya and Bengali. It was necessary for the
constitution makers to provide necessary claws to address the dilemma of the people that are
likely to arise in future. The schedule-VIII was added for the aforesaid reason.
Supremacy of Constitution: The constitution of Indian is supreme in the sense that it has
made clear in various cases interpreted by the Supreme Court from time-to-time. The
Keshavananda Bharti case resolved the issue once and for all. While the court recognised the
amending power of constitution, it also cautioned the union parliament that like Britain,
3|Page

All UG Courses
Indian parliament is not supreme parliament has to work within the parameters of the
constitution.
Compromise between parliamentary supremacy and judicial review: After constitution
came into force on 26th January 1949, constitution has been amended many times. When it
affected the interest of the landlords, big industrial houses, they challenged those cases in the
Supreme Court. In Shankari Prasad vs Union of India and Shajjan Singh vs Rajasthan case,
the court recognised the unlimited power of the amending power of the parliament in the
Golaknath case of 1967, the court tried to strike a balance between parliament and judiciary,
a larger bench heard Keshavananda Bharti case in 1973. The court in its majority decision put
several restrictions on the parliament and pronounced the basic structure. Even the amending
power of parliament is limited under article-368 of the constitution of India. Now it is clear
that in India, neither parliament is supreme nor the judiciary. While the parliament can
discuss about judges only if case of impeachment is debated, then at the same time, the
Supreme Court has the right to review all the previous and existing acts whether they are in
accordance with the constitution.
Fundamental rights: The citizens of Britain, were granted rights under the bill of rights in
1689. The US granted the rights to its citizens in initial 10 amendments through bill of rights.
In India the constitution makers gave rights to the Indian citizens. These rights are described
as fundamental as the violation of those rights can be challenged in the court of law. There
are were originally seven rights in the chapter-III of Indian constitution covering from article
12-to-35 like right to equality, right to freedom, right against exploitation, right to freedom of
religion, right to education and culture, right to property and right to constitutional remedy.
Out of this, in the 44th amendment act, right-to-property has taken away and put in 300(A).
These rights are fundamental in the sense that any violation of those rights by the
governmental institutions and any institutions can be challenged in the Supreme Court and
state High courts. There are many positive rights that do not make any discrimination
between Indian and the foreign citizens. Since the adoption of the constitution, it has been
amended several times to include certain rights like right to elementary education which has
been included in Right to Life. The Supreme Court and Indian Parliament have also expanded
this citizen’s charter by interpreting and enacting several acts and laws from time-to-time. In
Keshavananda Bharti case Supreme Court made it clear that the Fundamental Rights can be
amended but cannot be abridged, contravened or taken away in any circumstances. Now the
fundamental rights are the part of basic structure of the constitution.
Directive principles of state policy: In matters of including Directive principles of State
Policy (DPSP), the constitution stalwarts were influenced by Irish Republic. (DPSP), has
been placed in the chapter-IV of the Indian constitution. If the fundamental rights are the part
of political democracy, the directive principles are in form of socioeconomic rights that are
quite necessary for the upliftment of the poor and downtrodden. It is the true that these rights
4|Page

are not enforceable by the courts, but these are fundamental in the governance of the country.
The Minerbha Mills case of 1980 and Asoka Kumar Thakur vs Union of India 2008, the
Supreme Court held that the Fundamental Rights and Directive Principles are not
contradictory rather they are complimentary and supplementary to each other.
Fundamental duties: Despite the fact that fundamental duties were not the part of original
constitution. Indian National Congress led by Indira Gandhi, appointed a committee under the
chairmanship of Swaran Singh that submitted its report for including fundamental duties in
the chapter-IV just after Directive principles of state policy these were added in article 51(A)
of 42nd amendment act of Indian constitution in 1976. The government was inspired by
constitution of USSR in this matter. These duties cannot be imposed by the courts.
Meanwhile, these duties are important for the citizens of the country as rights and duties go
hand in hand, through the various acts some duties have been made compulsory for the Indian
citizens. For example, to respect national anthem, national flag, and the Indian constitution,
protecting wildlife and forest are some obligations that are to be observed by the all the
citizens of the country.
Local Self-government: Mahatma Gandhi the father of India had dreamt of empowering the
rural India through decentralisation. Article-40 of Indian constitution clearly talks about local
self-government. The 73rd and 74th amendment acts of 1992 created three-tiered local
government in at rural and urban areas which aimed at decentralisation of power and
involving people in decision-making process. The participation of people at grass-route level
and election of 3.2 million representatives is instrumental in empowering people at bottom
and strengthening democracy in India. This is perhaps the largest local-self-government in
the world.
1.4 FEDERAL REPUBLIC
Like the countries of Canada, Australia, Germany, United States of America, the framers
have provided a constitution for India. Although Indian constitution resembles to the
Canadian federation in several respects, it has borrowed from other federations like Australia
and United States. In India there is dual sets of governments. In the power is divided between
centre and the states. Again, in order to have harmonious relations between centre and the
states, in VII schedule the power is divided by giving three lists like central, state and
concurrent. The supremacy of constitution, independence of judiciary, written constitution,
division of power are essentially federal characteristics have also been adopted by Indian
constitution. As India has emerged as an independent nation from a peculiar situation and
British yoke as well, the founding fathers have given a constitution with strong unitary
features. Single citizenship, single judiciary, Indian Administrative Service (IAS) and Indian
Police Service (IPS), for which examinations conducted by the central government but these
5|Page

All UG Courses
personnel are deployed in the states. The President rule in the time of extra- ordinary situation
in the states has been used by the centre against the states was a recurring phenomenon
during the heyday of Congress rule and even Janata government dismissed nine state
governments during its brief tenure of two and half years from 1977-to-1980. Here an
important fact is to be noted that while the constitutional body like the central Finance
Commission sees the allocation of resources and taxation between centre and the states which
constitutes only 30 per cent of the total resources, The Planning Commission or the NITI
Ayog an extra-constitutional body is appointed by the Central government which allocates
resources between the centre and the states. The NITI Ayog takes care of atleast 70 per cent
of country’s resource.
India is also a republic where head of the country is elected whereas the head of some
countries like Britain is hereditary one.
1.5 RULE OF LAW
In simple words, “Rule of Law” refers to the supremacy of the law of the land over any other
elected representative or authority in a country. It has been derived from the French phrase
“le principe de la legalité,” which refers to a government guided by law and not men. The
phrase has been interpreted differently by different people in different ways in different
countries. Attempts have been made by a number of major philosophers to give a substantive
definition, Aristotle being one of them. He attempted to justify the thesis by connecting it to
the rule of reason and other natural justice-related laws.
One of the best known and accepted theories was propounded by A.V. Dicey. The theory
became famous through his book titled “The Law of the Constitution.” He had a theory that
‘government should be based on principles of law rather than men” and demonstrated this by
explaining its three major pillars. These are:
Supremacy of Law: It denotes the country's legal dominance and absolute power. The law
applies to everyone, including those who are not citizens.
framing and administering the law. Dicey believed that wherever there is a scope for
discretion, there will be arbitrariness. As a result, it is held that the law established in a court
of law must be enforced throughout the land with no exceptions. No person has the right to
impose laws on themselves.
Equality Before the Law: This means that the law should be administered in a just and fair
manner. Every person, whatever his position, or rank, maybe, should be subjected to the same
law and procedure as everyone else in the court of justice. In his He said, “Every official,
from the Prime Minister down to a constable or a collector of taxes, is under the same
responsibility for every act done without legal justification as any other citizen.”
6|Page

In Indian constitution Right to Equality mentioned under article (14-18). Equality before law
and equal protection of law prohibition of discrimination on grounds of caste, colour, creed,
sex and religion. Equal opportunity regarding employment abolition of untouchability,
abolition of titles.
Predominance of the Legal Spirit Dicey: He believed that simply establishing the preceding
two principles would be insufficient and that there needed to be an enforcing mechanism.
authority to keep and maintain the law. He mistook the courts for this authority. He proposed
an impartial and independent judiciary, which would be a very important aspect for the
implementation of the Rule of Law.
1.6 SEPARATION OF POWERS
In India, a separation of functions is practised rather than a separation of powers. In India,

unlike in the US, the idea of the division of powers is not rigidly adhered to. The judiciary
has the authority to overturn any unlawful laws that the legislature passes thanks to a system
of checks and balances that has been put in place.
Due to practical reasons, the majority of constitutional systems today do not have a rigid
classical division of powers between the several organs. The current system in India, the
relationships between each organ, and the constitutional provisions that follow will all be
covered in the sections that follow.
Let's take a quick look at each government organ's functions before moving on to the
relationships.
Objectives
Separation of powers is intended to stop the abuse of authority by one person or group of
people. It will guarantee everyone's freedom, safeguard society from the state's capricious,
illogical, and oppressive powers, and allocate each function to the proper state organs for the
efficient performance of their respective duties.
Concept
Aristotle initially mentioned this idea in his writings from the fourth century BCE, when he
identified the general assembly, elected officials, and judiciary as the three branches of
government. The Ancient Roman Republic adopted a similar idea. In his book De l'esprit des
lois from the 18th century, the French philosopher Montesquieu gave the idea a highly
systematic and scientific foundation (The Spirit of Laws). His work is founded on knowledge
of the English system, which tended to distinguish between the three branches of government
more sharply. John Locke advanced the concept further.
7|Page

All UG Courses
Meaning
The legislature, the executive branch, and the judiciary make up the three branches that make
up the system of government. Despite the fact that different authors provide varying
definitions, we may generalise three characteristics of this concept. A person having a
function in one organ shouldn't also be a part of another organ, which means that each organ
should have separate people serving in it. The operation of one organ shouldn't affect how the
other organs work. It is improper for one organ to do another organ's duties (they should stick
to their mandate only). These broad categories are so outlined, yet in a complicated nation
like India, conflict and transgression by one branch over the other are frequent.
Meaning of the Doctrine:
Why is it necessary to have a division of powers among the various state organs? There are
always more chances of bad administration, corruption, nepotism, and abuse of power
whenever there is a concentration of power in one place or authority. By adhering to this rule,
democracy is protected from the emergence of dictatorship. Citizens are shielded from
arbitrary rule through it. Therefore,
Significance:
Prevents authoritarianism, protects individual freedom, and contributes to the development of
effective government. The independence of the judiciary is upheld. ensures that no arbitrary
or unlawful laws are passed by the legislature.
Indian Constitutional Status of Power Separation:
• The Constitution's fundamental framework includes the notion of separation of
powers, even if it isn't referenced in the document's text.
• This concept cannot be broken by legislation passed by the legislature.
• The Constitution makes special reference to the three organs' functions.
• Let's examine a few of the Constitution's articles that advocate for the separation of
powers.
• Article 50: This provision requires the state to keep the executive and judicial
branches apart.
• However, because this is covered by the Directive Principles of State Policy, it is not
binding.
• As the nation's executive leader, the President is authorised to exercise legislative
authority (promulgate ordinances) under certain circumstances.
• The legislatures are prohibited from discussing the actions of a judge of the Supreme
Court or High Court under Articles 121 and 211, respectively.
8|Page

• Only in the event of impeachment are they able to do this.

• The President and Governors are exempt from legal actions under Article 361.
• Through specific provisions, the various organs impose checks on one another as part
of a system of checks and balances.
• The judiciary has the authority to judicially evaluate the legislative and executive
branches' decisions.
• According to Article 13, if a statute is unconstitutional, arbitrary, or infringes
fundamental rights, the judiciary has the authority to invalidate it.
• It may also declare executive activities that are against the law void.
• The executive branch's performance is also examined by the legislature.
• Despite the judiciary's independence, the executive appoints the judges.
• While respecting the constitutional restriction, the legislature may also change the
judgment's foundation.
• A system of checks and balances makes sure that no one organ can become supreme.
• The Constitution ensures that every organ's discretionary authority falls within the
bounds of democracy.
1.7 SOVEREIGNTY
India is sovereign in the sense that the power rests with the people and they are supreme.
Even though constitution was not put to vote, the first general elections of 1951-52 the people
did not reject the constituent assembly and voted for the Indian National Congress Party to
power. Nevertheless, this party had played vital role in making the constitution. In every five
years, people vote for the Lok Sabha and state Assemblies. The political parties adopt all
means to woo the voters. If the government of the day loses the majority in the legislature,
the government resigns.
The mid-term pool is declared to conduct fresh elections. Furthermore, the constitution
of India is democratic because the government is made for the people by the people. The
initial words of the preamble states “We the People of India” that strictly makes it clear the
people are supreme. It is explicitly clear that constitution derives its power from the people.
In the end of the preamble it mentions gives and adopt enact on the 26th November 1949 the
date on which the constitution was completed and adopted. India is also a republic where
head of the country is elected whereas the head of some countries like Britain is hereditary
one.
9|Page

All UG Courses
1.8 SOCIALISM
This term was inserted by the 42nd constitution Amendment Act of 1976. But the term is
vague and controversial Simply looking at socialism from one angle, the term means a theory
or policy which proposes no private ownership, but advocates the ownership of means of
production, capital, land or property by the community as a whole. through 1991 of New
Economy Policy, India adopted globalization, privatization and liberalization.
1.9 DEMOCRACY
The Preamble declares India to be a democratic state. By Democracy one simply means
Government of the people and by the people in other words, the people have a share in
political power which they exercise through the representatives chosen by them.
Universal adult franchise has been adopted in the Indian Constitution and the Single
transferable voting system has been adopted in the election of the President, Vice President
and members of the Rajya Sabha. FIRST PAST THE POST SYSTEM has been adopted in
the elections to the Lok Sabha and the Legislative Assembly. For this, a provision has been
made for the independent Election Commission to conduct free and fair elections, in this way
democracy is being operated in India successfully through elections from 1952 to till date.
1.10 SECULARISM AND SARVA DHARMA SAMA BHAVA
The British-India got divided on the basis of religion India and Pakistan. Although Pakistan
declared itself an Islamic state, Indian stalwarts wished India to remain a secular country
consists of many religions viz. Hindus, Islam, Christianity, Sikhs, Buddha’s, Jains, Parsi. In
the original constitution, the secular character of constitution is reflected from article 25-to-
article 28. India permits people of all religions to practise, propagate and profess religion of
their choice. Although initially, India did not mention the term secular in its preamble, in
42nd amendment act the term secular was added in preamble. India allows all the people to
carry procession in the festivals of their choice. The central or the state governments do not
make any discrimination on the basis of religions. The awards, titles, prizes are not awarded
in religious line.
While the concept of secularism is largely a western concept, religion in India is taken in
its widest sense. From the Vedic period till today, religion has been seen only from the
perspective of human qualities, moral qualities and moral values. The concept of Vasudhaiva
Kutumbakam is found in Indian civilization and Sanskrit. In India, common behavior and
feelings are kept with all religions. Freedom of religion has also been described as a
fundamental right in the Indian Constitution. The word secularism has been used in place of
10 | P a g e

secularism in the Preamble, thus in place of secularism in India, the concept of equality of all
religions lies.
1.11 BASIC STRUCTURE
At the time of framing the constitution, the framers have not spelt out the basic features of
Indian constitution. In due course of time through several interpretation the highest court of
the country the Supreme Court pointed out several basic features. In the year 1951, the first
amendment was challenged in Shankari Prasad Vs union of India in the year 1951 in the
Supreme Court. The court held that the parliament has right to amend any part of the
constitution. In the matters of difference between article-13 which defines the term law and
article-368, the Supreme Court held that under article 368, the union parliament has unlimited
power to amend the constitution. After a few years, the constitution was emended further.
The 4th amendment act was challenged in the Supreme Court in Shajjan Singh Vs Rajasthan
in 1964. Even the court retreated to its earlier verdict and opined that the parliament of India
can amend any part of the constitution including the fundamental rights. The article 13 which
defines the “Law” does not extend to restrict the parliament from amending the constitution
which it enjoys under article 368. The three amendments 1st, 4th and 17th amendments were
challenged in Golaknath vs state of Punjab in 1967. The court held that according to article
368, the parliament has amending power. However, the amending power of parliament is
limited. It does not vest exclusive power with the Indian parliament to contravene, abridge or
take away the fundamental rights mentioned in chapter-
It further held that under article-368, the amending power of the union parliament is
limited. Indira Gandhi who succeeded Lal Bahadur Shastri as the Prime Minister in 1966, of
course won fourth general elections but she was greatly worried for the rejection of different
constitutional amendments that impeded her will to bring social revolution in the country.
After Golaknath case she went for 5th general elections in 1970 and gave the slogan for
garibi Hatao (removal of poverty). Even before this, she nationalised fourteen banks and
abolished privy purses. She got landslide victory by wining thumbing majority of seats. She
proposed 24th and 25th amendments in the parliament. In 24th amendment The Parliament
tried to resolve the dispute between article 13 and 368. Now the parliament can amend any
part there off. In the 25th amendment act of the constitution, the parliament made it clear that
fundamental rights are subordinate to directive principles. Both the 24th and 25th
amendments were challenged in the Keshavananda Bharti vs state of Kerala. The verdict
came in 1973 on 24th April 1973. The case was decided by larger Supreme Court bench
which consisted 13 judges. The court held by majority 7-6 parliament has amending power
under article 368. It can amend any part of constitution including preamble and fundamental
rights. However, it cannot abridge or damage the basic structure of the constitution. No
amendment cannot remain out of purview of Supreme Court’s judicial review. All the
11 | P a g e

All UG Courses
amendments can be challenged in the Supreme Court. The founding fathers have made
Supreme Court final interpreter and protector of constitution and fundamental rights. The
Kasavananda Bharti and Minerbha mills case are the landmark judgements in this regard. In
Keshabananda Bharti vs state of Kerala in 1973 Justice Sikri pointed out several features like
federal character of Indian Union, Parliamentary government, republican government,
fundamental rights, directive principles of state policy etc. In Minerbha mills case of 1980,
the Supreme Court considered federalism, supremacy of constitution as the basic features of
the Indian constitution. In S.R. Bomai vs Union of India, the secular character of the state
was added within the basic structure of the Indian constitution.
1.12 CONCLUSION
Constitution is a legal document essentially a set of rules and regulations essentially meant to
govern the country. India drafted a constitution through a constituent assembly that drafted a
constitution for the country in three years. The constitution arises from certain social situation
that help in arousing sentiment for thinking of a constitution. War/rebellion, revolution, and
colonial yoke are the propelling circumstances that can help in writing the constitution. The
constitution of India was written after country witnessed a prolonged struggle for at least two
hundred years and thirty years hectic movement under the leadership of Mahatma Gandhi.
The Drafting committee consisted of eight members headed by B.R. Ambedkar. The
constitution was finally completed and adopted on 26th November 1949 and came into force
on 26th January 1950. The original constitution consists of eight schedules, 22 chapters and
395 articles. The constitution has been amended more than hundred times. The constitution of
India is a written one. While US constitution is the shortest constitution in the world, the
constitution of India is the longest one in the world. Given the size of the country, greater
diversity in the matters of language, castes, religion, poverty, illiteracy malnutrition, it is
obvious that constitution tried to address those problem under its ambit. It is a sovereign,
democratic Republic constitution where power is essentially vested with the people. The head
of the country is elected. Although socialist and secular were not the part of preamble, later
these terms were added in the 42nd amendment act of the constitution in 1976. There are
some essential basic features of Indian constitution such as written constitution, longest
constitution, unitary state, federal government, socialist state, secular state, fundamental
rights, directive principles of state policy, fundamental duties, sovereign-democratic-
Republic, supremacy of constitution, compromise between Parliamentary supremacy and
judicial review, socialist state, secular character of state, local self-government are the
essential features of Indian constitution. Thus, all the institutions including government, or
private or corporate bodies and the people of the country have to remain loyal to the
constitution and respect its sanctity with letter and spirit.
12 | P a g e

1.13 SELF-ASSESSMENT QUESTIONS
1. Discuss the constitution of India is as a federal and a republic.

2. Explain the basic features of Indian constitution.
3. Critically analyse the Secularism in India in reference with Sarva Dharma Sama
Bhava
1.14 References
1. Basu, D.D. (2020) Introduction to the Constitution of India, Lexis Nexis Publication.
2. Austin, Granville (1966) Cornerstone of Indian Constitution, London, Oxford
University Press.
3. Chaudhary, Sudhir, et. al. (2016) Oxford Companion to the Indian Constitution, New
Delhi, Oxford University Press.
4. Narang A.S. (1987), Indian Government and Politics, New Delhi, Gitanjali
Publishing House.
5. Awasthy S.S. (1999) Indian government and Politics, New Delhi, S. Chand
Publications.
6. Ghosh, Peu, (2017) Indian Government and Politics, New Delhi, PHL, Learning
Private Limited.
7. Siwach, J. R., (1985) Dynamics of Indian Government and Politics, New Delhi,
Sterling Publishers.
8. Hoveyda, Abbas, (2010) Indian Government and Politics, New Delhi, Pearson, India.
9. Gupta, D.C., (1997) Indian Government and Politics, New Delhi, Vikas Publishing
House.
10. Raj, Hans (1989) Indian Government and Politics, New Delhi, Surjeet Publication.
11. Johari, J.C. (1979) Comparative Government and Politics, New Delhi, Vishal
Publication.
12. Choi, Jungug and Narendar Kumar, (December 2019), Reservation Policy for
Backward Classes. Economic and Political Weekly.
13. Arun, T.K. (May 2019) How India’s Politics has Changed in the Last Five Years,
Economic Times.
14. Sinha, N.K.P. (1965) The Study of Government and Politics of the different parts of
India, Indian Journal of Political Science.
15. Ranjan, Prabhash (July 2019) Not A right Agenda, The Hindu.
13 | P a g e

All UG Courses
Unit-II: Constitutional Values

(a) JUSTICE: SOCIAL, POLITICAL, ECONOMIC
(b) LIBERTY: THOUGHT, EXPRESSION, BELIEF, FAITH,
WORSHIP
(c) EQUALITY: EQUALITY BEFORE LAW & EQUAL
APPLICATION OF LAWS
(d) FRATERNITY: DIGNITY, UNITY AND INTEGRITY
Dr. Mangal Deo
Dr. Ashutosh Jha
STRUCTURE
2.1 Learning Objectives

2.2 Introduction
2.3 Concept of Justice, Liberty, Equality and Fraternity
2.4 Justice: Social, Political, Economic
2.5 Liberty: Thought, Expression, Belief, Faith, Worship
2.6 Equality: Equality before Law & Equal Application of Laws
2.7 Fraternity: Dignity, Unity and Integrity
2.8 Conclusion
2.9 Self-Assessment Questions
2.10 Reference
• Study of justice social, political, economic in the context of constitutional values

• Study of liberty, thought, expression, belief, faith, worship as Fundamental Right
• Study of equality before law & equal application of laws
• Study of fraternity, unity and integrity the context of Indian Constitution
14 | P a g e

2.2 INTRODUCTION
India's social and cultural values have been included in the constitution, which was created by
the constitution makers keeping in mind the heritage of the freedom movement and Indian
civilization and culture. which has been mentioned in different parts of the constitution.
Justice, Liberty, Equality, Fraternity, social, economic, political, religious, and cultural rights
have been mentioned in the Preamble, Fundamental Rights, and Directive Principles. which
is necessary for the development of citizens. These are our constitutional values, on the basis
of which the unity, integrity, and diversity of the nation are maintained and the conditions for
the all-round development of the citizens are also available.
Fundamental rights are fundamental in the Governance of the country. The inclusion of
fundamental rights as a detailed scheme in the constitution shows the desire of the
constitution makers to bestow Indians with basic Liberty of a free and a happy life. It is also a
means through which the spirit of constitutionalism is established. It is a check on the ability
of democracy to transform into a tyranny of majority. Fundamental Rights are a social
contract strengthening constitutionalism protecting and guarding individual autonomy. It is
derived from the American constitutional provision of “Bill of Rights” which acts as an
important bulwark against the tyranny of state guaranteeing and protecting individual
freedom and autonomy. Part III of the constitution deals with Fundamental Rights of the
citizens. They are categorized as basic human freedom required for individual development.
These rights have universal application in the Indian society and are applied irrespective of
caste, religion, place of birth, sex, colour etc. The fundamental rights are enumerated in the
Indian constitution under Article 12 -35. (Reddy 1980) The Directive Principles of State
Policy is contained in the Part IV of the Indian Constitution. It is borrowed from the
Constitution of Ireland. The State is required to follow the Directive Principles of State
Policy. It lays forth the goals and objectives that the states are to pursue in leading the nation.
The constitution's authors also viewed it as a way to achieve important socioeconomic
realities. The rights, liberties, and security of individuals and groups are contained in Parts III
and IV together with the structural tools to realise these lofty aspirations.
2.3 CONCEPT OF JUSTICE, LIBERTY, EQUALITY AND

FRATERNITY
Granville Austin analyses Indian constitution as a social and revolutionary document. (Austin
1966)This philosophy is best manifested by Part III of the Indian constitution. These rights
are guarantee against any form of encroachment by the Government of the day .So they are
rights which act as limitations on the powers of the government, legislative as well as
executive.
15 | P a g e

All UG Courses
The Rights under Part III are considered Fundamental because of two important reasons.
1) These rights are mentioned in the constitution as guarantees to the individual and
groups.
2) These rights are justiciable i.e. they are enforceable through courts of law. It also
means that in case of violation of Fundamental rights, the individual can directly
approach the highest of courts for redressal of his grievance (Supreme Court of India
or High court of the state).
If the government (Both state and Centre) enacts a law that restricts Fundamental Rights,
such legislation can be judicially reviewed by the court and could be declared null and void.
The Preamble :- “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”
Justice, Social, Economic and Political
Liberty of thought, expression, belief, faith and worship.
Equality of status and of opportunity: and to promote among them all
Fraternity assuring the dignity of the individual and the unity and INTEGRITY of the Nation;
In our constituent assembly this twenty-sixth day of November, 1949, do HERE By adopt,
enact and give to ourselves this constitutions.
Fundamental Rights
1. Right to Equality, (Article 14-18)
2. Right to Freedom, (Article 19-22)
3. Right against Exploitation, (Article 23-24)
4. Right to freedom of Religion, (Article 25-28)
5. Cultural and Educational Rights, (Article 29-30)
6. Right to constitutional Remedies. (Article 32)
The original constitution had seven Fundamental rights which also included Right to Property
as a Fundamental Right. Since Right to Property was considered a hindrance to the goals of
attaining Land Reforms and equitable distribution of wealth. So it was repealed by 44th
Constitutional Amendment Act, 1978. Now, Right to Property is not a fundamental right but
legal right under Article 300a.
16 | P a g e

Fundamental Rights and Human Rights

Fundamental Rights are compared to human Rights. Human Rights are considered to be
minimum necessary conditions for a dignified living which involve social, political and
cultural rights. Since Fundamental Rights also provide security to individual at social,
political and cultural aspects, it is also considered to be fundamental Human Rights. The
extensive action for protection of Rights is restricted to Fundamental Rights alone, so all
Human Rights are not Fundamental rights. It is also hailed as the Magna Carta of the Indian
Constitution as it establishes the individual liberty and stand against coercion by individual or
state.
Genesis of Fundamental Rights:-The inspiration for Fundamental rights in India could be
traced to England’s Bill of Rights (1689), The United States (1791) and the French
declaration of Rights of Man (1789).
The Commonwealth of India Bill drafted by Annie Beasant (1925) demanded seven
fundamental rights which included free conscience, free expression, freedom of assembly,
non-discrimination on grounds of religion, caste, sex or place of origin etc:
In 1928, the Nehru Commission which consisted of representatives of Political Parties in
India and headed by Motilal Nehru proposed a constitutional reform for India. They called
for Dominion status of India and demanded election son the basis of adult suffrage. Their
demands also included guarantees of certain rights which were deemed fundamental and that
also limit the power of the government.
In 1931, the Congress party adopted a resolution in the famous Karachi Session
committing themselves to defence of civil rights. They also committed to abolishing
untouchability and serfdom. The resolution also committed for a minimum wage protecting
socio-economic rights of ordinary man.
In 1944-45 a Sapru Committee supported the demand for Fundamental Rights. It was a
Non- partisan committee consisting of intellectuals of which Tej Bahadur Sapru was its
chairman. When India moved towards the making of their constitution, the constitution
makers gave importance to the idea of Fundamental rights. The committee on Fundamental
rights was headed by Sardar Patel and the sub-committee for minority rights was headed by
Acharya Kriplani. (Ray, 2003)
Nature of Fundamental Rights
The Fundamental Rights are not mere imposition of prevailing practices in another country.
But it is framed after careful consideration of India’s socio-political and socio-economic
circumstances.
17 | P a g e

All UG Courses
(1) Issue of being Absolute Right: The Fundamental rights guaranteed in our
constitution are not absolute. There are reasonable restrictions which can be imposed
on these Fundamental Rights under required conditions and circumstances.
(2) Justifiability of Rights: Article 32 makes it justiciable by conferring rights on every
citizen to move to the highest court of the land for enforcement of his/her fundamental
rights.
(3) Rights available to citizens alone: Although they are in the nature of Human Rights
and are universal in application but there are certain safeguards which have been
provided to citizens of the country alone. It is with respect to the social, political and
cultural contexts of India. The rights available to citizens alone are, equality of
opportunity in matters of public employment, protection from discrimination on any
ground , freedom of speech, expression , association, movement residence and
profession and cultural and educational rights of minorities etc.
(4) Amend ability of Rights: After several tussle between the legislature and judiciary,
the Supreme Court has held that parliament can amend and abridge fundamental
Rights but not in such a manner as to change the basic structure of the constitution.
Amend ability of Fundamental Rights: - The question whether Fundamental Rights
can be amended under Article 368 came for consideration of the Supreme Court in
Shankari Prasad
(5) Union of India (AIR1952 1 SCR 89.) : It challenged the validity of the 1st
amendment to the Constitution. In this case it was held that a constitution amendment
will also be held lawful even if it limits or eliminates some fundamental rights. A
similar decision was given by Supreme Court in Sajjan Singh v. State of Rajasthan
which challenged the validity of the 17th amendment.( (1965) SC 845) In Golaknath
v. State of Punjab, the validity of the Constitution (17th Amendment) Act, 1964 was
again challenged, which inserted certain State
Acts in Ninth Schedule. The Supreme Court in its landmark decision overruled the decision
given in the Shankari Prasad’s and Sajjan Singh’s case. It held that the Parliament had no
power from the date of this decision to change Article III of the Constitution in a way that
restricts or eliminates fundamental rights. Eleven judges participated in this decision with the
ratio being 6:5. The judges were worried about the numerous amendments made to abridge
the fundamental rights since 1950. The Chief Justice applied the doctrine of Prospective
Overruling and held that this decision will have only prospective operation and, therefore, the
1st, 4th and 17th amendment will continue to be valid. It means that all cases decided before
the Golaknath’s case shall remain valid.( AIR 1967 SC 1643)
In order to remove difficulties created by Golaknath’s decision parliament enacted the 24th
Amendment. The amendment has made the following changes:
18 | P a g e

(1) It added a new clause (4) to Article 13 which provides that nothing in this Article
shall apply to any amendment of this constitution made under Article 368.
(2) It submitted a new heading to Article 368 power of Parliament to amend the
Constitution and Procedure therefore instead of Procedure for amendment of the
Constitution.
(3) It inserted a new sub section (1) in Article 368 which provides that notwithstanding
anything in the Constitution, Parliament may, in exercise of its constituent power may
amend by way of addition, variation, or repeal any provision of this Constitution in
accordance with the procedure laid down in the Article 368. Thus the 24th
amendment restored the amending power of the Parliament.
The validity of the 24th amendment was challenged in the case of Keshavnand Bharati v.
State of Kerala (1973). It challenged the validity of the Kerala Reforms Act, 1963. But during
the pendency of the petition the Kerala Act was placed in the Ninth Schedule by the 29th
Amendment. The question in the case involved about the amending involved was the extent
of the amending power conferred by Article 368 of the Constitution. A Special bench of 13
judges was constituted to hear the case. The Court by majority overruled the Golaknath’s
case which denied Parliament the power to amend fundamental rights of citizens. The Court
held that under the Article 368 Parliament is not empowered to amend the basic structure or
framework of the Constitution. (AIR 1973 SC 1461)
After the decisions of the Supreme Court in Keshavnand Bharati, Indira Gandhi
government passed Constitution (42nd Amendment) Act, 1976, which added two new clauses
, namely, clauses (4) provided that no constitutional amendment (including the provision of
Part III) or purporting to have been made under Article 368 whether before or after the
commencement of the Constitution (42nd Amendment) Act, 1976 shall be called in any court
on any ground. Clause (5) removed any doubts about the scope of the amending power. It
declared that there shall be no limitation whatever on the constituent power of Parliament to
amend by way of addition, variation or repeal of the provisions of the Constitution under this
Article.
Thus insertion of these clauses made it clear that the basic structure of the Constitution
could be amended. In Minerva Mills v. Union of India(1980) the Supreme Court by 4 to 1
majority struck down clauses (4) and (5) of Article 368 inserted by the 42nd amendment, on
the ground that these clauses destroyed the essential feature of the basic structure of the
Constitution. (AIR 1980 SC 1789)
Since these clauses removed all limitations on the amending power and thereby
conferred an unlimited amending power, it was destructive of the basic structure of the
Constitution. The judgment of the Supreme Court thus makes it clear that the Constitution not
the Parliament is supreme in India. The Parliament owes its existence to the Constitution and
19 | P a g e

All UG Courses
it cannot take priority over the Constitution. Therefore this landmark decision ended the long
controversy between the Courts and the Executive. Therefore, at present the position is as
follows:
(1) Fundamental Rights may be repealed or curtailed by passing a Constitution
Amendment Act, according to the procedure laid down in Art, 368.
(2) Though Fundamental rights are not immune from amendment, the amendment of a
particular right maybe annulled if the Supreme Court holds that particular right or its
part which has been taken away by amendment, constitute a’ basic’ feature’ of the
Constitution.
(3) So long as any particular Fundamental Right is not thus taken away by amending the
Constitution, it constitutes a limitation on the Legislative power of parliament as well
as the state Legislatures, and any law made by either Legislature in contravention of
such Fundamental Rights much be held to be void, by the Supreme Court, unless
protected by the Constitution itself, for example, by Art. 31A, by the 9th Schedule,
read with Art, 313 etc.
So the Theory of Basic Structure very effectively proved to be a limitation on the amending
power of the Parliament. The Basic Structure doctrine applies only to the Constitutionality of
amendments and not to ordinary Acts of Parliament, which must conform to the entirety of
the Constitution and not just its basic structure.
2.4 JUSTICE: SOCIAL, POLITICAL, ECONOMIC
The word “justice” has been used three times in the Preamble to guarantee it in terms of
social, economic, and political justice. The Constitution includes chapters on fundamental
rights and directive principles of state policy to accomplish these goals. Eliminating social
barriers based on caste, class, creed, colour, sex, religion, and other factors is the goal of
social justice. It seeks to create equality by outlawing discrimination on the aforementioned
grounds. The Untouchability (Offenses) Act (1955), which was revised and renamed the
Protection of Civil Rights Act, 1955, defined social barriers like untouchability to be illegal.
Similar to this, the Constitution upholds reserve for underprivileged classes in order to
equalise them with the majority. The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, and the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Rules, 1995, were passed by the government to stop atrocities against dalits. On
March 31, 1995, the Act's regulations were made public. The Constitution also permits
reservations for women in some positions and other situations. As a result, the Constitution
protects Scheduled Castes, Scheduled Tribes, and other disadvantaged groups in society
through “protective discrimination.” In general, the constitution's authors wanted to create a
welfare state in India. The terrible persecution of dalits and the politicisation of social issues
20 | P a g e

like caste and religion have created concerns about the actualization of social justice in India,
despite the efforts of various governments to bring these lofty principles of social justice to
life.
Social justice and economic justice are closely intertwined. Economic justice attempts to
eliminate discrimination in the marketplace by assuring equal remuneration for equal effort
for all, just as social justice aims to eliminate disparities and prejudice amongst citizens. It
entails giving everyone an equal chance when applying for positions in the public sector. It
involves making sure that wealth is distributed fairly, ending monopoly control over the
means of production and distribution, and prohibiting discrimination against persons based on
their perceived economic worth. Again, it is clear from the Constitution's creators' conception
of economic fairness that each succeeding administration in India should make a sincere
attempt to create a welfare state. “I trust this Constitution itself will lead us to the real
freedom that we have clamoured for,” Nehru said during the Constituent Assembly debates,
“and that real freedom, in turn, will bring food to our starving peoples, clothing for them,
housing for them, and all manner of opportunities for progress.” However, it is doubtful
whether economic justice has been secured in India, especially after the phase of
liberalization, disinvestment, and privatisation began in India from the 1990s on.
Assuring India's citizens of a fair and free political involvement is known as political
justice. This is ensured in India by the establishment of universal adult suffrage (Article 326),
which is done so without regard to factors such as caste, class, sect, sex, religion, or the like.
The democratic political system in India depends critically on the freedom of association, the
freedom of assembly, the expression of opinion, electoral participation, and the right to
knowledge. In order to ensure that women participate in politics and decision-making, the
Women's Reservation Bill—which was passed by the Rajya Sabha but is still pending in the
Lok Sabha—was moved. Women have historically been excluded from politics. This
demonstrates that India still has a ways to go before establishing political fairness for all
societal segments. Furthermore, the Indian State has been prevented from fulfilling the goal
of political justice for all due to corruption and the criminalization of politics.
2.5 LIBERTY: THOUGHT, EXPRESSION, BELIEF, FAITH,

WORSHIP
Article 19(1) of the constitution give citizens the right to Freedom of speech and expression,
to assemble peacefully , to for unions or associations, to move freely throughout the territory
of India, to practice any trade or profession. It is important to note here that these rights are
not absolute and have been limited by reasonable restrictions.
The restrictions are defined in clause 2-6 under Article 19. In order to restore balance
between freedom and social contract these reasonable restrictions are imposed where freedom
21 | P a g e

All UG Courses
of expression is subject to be restricted on grounds of decency, morality, public order,

friendly relations with foreign countries, and unity and integrity of India. Although the
reasonableness of restrictions imposed by the state can be judged by judiciary.
Article 20 says that criminal legislation cannot be implemented retrospectively. That
means a criminal can be punished with the punishment for the crime that prevails on the day
of offence. In the same article clause B says that a person cannot be forced to give evidence
against himself.
Article 21 : Right to life. It has been the most holistically interpreted article which has
added new dimension to improve life of ordinary people in the country. This article is also
protected by the writ of habeas corpus under article 32 which means to have the body. This is
mainly practiced in case of illegal imprisonment without sufficient evidence.
Right to education was made a fundamental right under Article 21A by 86th
Constitutional Amendment; 2002.It stipulates the state to provide free and compulsory
education to all between 6-14 years of age.
Article 22 deals with safeguards against arbitrary arrest and detention.
Right Against Exploitation (Article 23-24)
Article 23 prohibits traffic in human beings and prevents people from forced labour.
Article 24 deals in prevention of child labour in hazardous circumstances like mines, or
factory.
Freedom of Religion (Article 25-28)
Article 25 deals with freedom of conscience and practice and propagation of religion.
Article 26 deals in freedom to manage religious affairs by establishing charity, to acquire
property for religious purpose etc:
Article 27 gives freedom to individual to not pay any tax for promotion of any religion.
Article 28 freedom to not attend any religious instruction in certain educational institutions.
Cultural and Educational rights (Article 29-30)
2.6 EQUALITY: EQUALITY BEFORE LAW & EQUAL

APPLICATION OF LAWS
Right to Equality (Article 14-18) Equality before Law & Equal Application of Laws These
articles cover the issue of equality comprehensively by adopting universally accepted
standards of creating an equal society.
22 | P a g e

Article 14 implies equality before law3 and equal protection of law. Equality before law
implies that no person has any special privilege with respect to the law of land.
The Union of India v. Charnjit Lal Choudhury case from 1950, in which the Supreme
Court of India interpreted the application of Article 14, upheld–
1. By “Equal Protection,” we mean “Equal Protection in Equal Situations.”
2. The state may classify reasonably for legislative purposes.
3. Legislation is supported by the presumption of reasonableness.
4. Those who contest the law have the burden of proof.
Equal protection of law implies equality of treatment in similar circumstances by the law and
it also permit differences in differential circumstances. For example women in India may be
placed in favourable position during enactment of a law because of unequal circumstances
between men and women.
Article 15 prevents discrimination on grounds of religion, caste, sex or place of birth.
Article 16 provides equality of opportunity in matters of public appointment or appointment
to any office.
Article 17 abolishes untouchability from being practiced in India. While Article 18
abolishes all forms of title leading to an era of equal treatment of citizens by the state.(Basu
2005)
2.7 FRATERNITY: DIGNITY, UNITY AND INTEGRITY
Each state strives to attain national integration as a goal. This can be accomplished through
upholding people's dignity and encouraging a spirit of fraternity. To create national unity in a
country with various culture, religion, languages, castes, and communities, it is crucial to
nurture the brotherly spirit. The prologue was appropriately altered in 1976 to achieve this
goal and inserted to foster a stronger sense of fraternity among Indians. It also seeks to
protect a person's dignity. In order to strengthen national unity and integrity and to develop
the spirit of fraternity, special rights have been given to minorities in Articles 29 and 30 of
the Constitution.
Article 29 deals with protection of language, scrip and culture of the minority. It also debars
admission on grounds of religion, race, sex, language in institutions managed by state funds.
Article 30 is a right to minority community to manage and administer educational institution
for preserving their script and culture.
23 | P a g e

All UG Courses
Right to Constitutional Remedies (Article 32)

It is the most important fundamental right as it confers the right to citizens to move the
Supreme court for enforcement of the rights conferred by part III. It is Article 32 which gives
Fundamental Right such a pride of place 2within the Indian Constitution.
To achieve the above constitutional values, several major provisions have been
mentioned as Directive principle of State policy which are as follows-
Directive Principles of State Policy
The Directives contained in (Article 36-51, Part IV)lays down a comprehensive programme
for social and economic order for India. The constitution makers had the foresightedness to
design directives in a manner where Ambedkar thought that future governments would be
judged for their success or failure in implementing the directives under DPSP. It is different
from Fundamental Rights in the sense that there is no legal sanction behind the directives.
Article 37 explicitly mentions that the provisions are fundamental in the governance of the
country and the state is duty bound to apply these principles in law making. It is derived from
the Irish constitution and unlike Fundamental Rights these are positive obligations on the
state. (Devidas 1975)
Classification
DPSP can be classified under four different ideals it tries to promote. They are Socialistic
Ideals, Western Liberal Ideals, Gandhian Ideals and Ideals of Freedom Struggle.
1) Socialistic Ideals (Justice: Social, Political, Economic): (Article 38,39,41,42,43,
43A,43B,45) The directives to minimize the inequalities in income and endeavor to
eliminate inequalities in status flows from Article 38. Article 39 tries creating an
adequate means of livelihood for both men and women. Article 41 is an important
directive with regards to Right to work while Article 42 deals in just and humane
condition for work including maternity relief. Article 43 is a directive for promotion of
decent living wage and promotion of cottage industries. Article 43A is a directive to
make workers participant in the management of Industries. Article 43B inserted by
97th amendment is an attempt to professional management of cooperative societies.
Article 45 is a provision for early childhood care and education to children below 6
years of age. All these ideals entail towards the creation of a society on socialistic lines
thereby promoting socialistic ideals. (Basu 2005).
2) Gandhian Ideals: (Article 40,46,47,48) Article 40 is the fulfilment of long held
Gandhian dream of organizing socio-political life with village as the base of such an
organisation. The directive for organisation of village Panchayat is the fulfilment of the
same dream realized by 73rd and 74th Constitutional Amendment (1993) thereby
ushering Panchayati Raj in India. Article 46 deals in promoting the educational and
economic interests of scheduled castes, scheduled tribes and other weaker sections.
24 | P a g e

Article 46 deals in improving nutritional level and public health. So, the idea of
prohibition flows from this directive. Article 48 is an important directive on
organization of agriculture and animal husbandry. It also asks for prohibiting the
slaughter of cows and calves and other milchcattles.
3) Western Liberalism: (Article 39A, 44, 50) Article 39 deals in Free legal aid to
promote equality in justice. Article 44 is a directive to implement uniform civil code in
India for the promotion of uniformity of civil code thereby realising the sense of unity
and integrity. Article 50 deals in separation of judiciary from the executive in the
public services of the state.
4) Ideals of Freedom Struggle: (Article 48A, 49,51) Article 48A is a directive to
safeguard, forest , environment and wildlife of the country. Article 49 deal with
protection of monuments and places and objects of national importance. Article 51
aims to promote international peace and security.
2.8 CONCLUSION
we can in our endeavour to establish the superiority or inferiority of any part may conclude
that the two are antithetical. But both these when taken together can lead to the sense of the
commitment towards social revolution. The most significant context of the evolution of these
principles should not be forgotten. We framed these principles under complex circumstances
trying to implement these ideals in a divers and complex society plagued by a very disturbed
past. The constitution makers did a great job in assessing the practices globally and
meticulously designed the basket of rights and constitutional values to usher India into a more
modern and egalitarian society. The parts of the constitution dealing in Fundamental rights
and Directive Principles of state Policy and Preamble also not only enumerate the obligation
of the state but also serve as the bedrock of nation-building and values. These parts have the
potential to lead India into an egalitarian, just and free society. So instead of preceding one
over the other we should judge them as complementary to each other. The more India grows
in its financial clout, the more principles of directives would find way to Legislation in the
long run. These principles strengthen the spirit of constitutionalism and values also making us
more free and secure.
1. Define the Social, Political and Economic justice in Indian constitution.

2. Briefly explain Liberty, Thought, Expression, Faith, Worship as a fundamental rights.
3. What is equality? Explain equality Before Law mentioned under Article 14.
4. Describe the fraternity in Indian Constitution.
25 | P a g e

All UG Courses
2.10 REFERENCES
2. Reddy, S. Sundara Rami Fundamental Ness Of Fundamental Rights And Directive
Principles In The Indian Constitution, Journal of the Indian Law Institute, Vol. 22, No.
3 (July-September 1980), pp. 399- 407
3. Austin , Granville The Indian Constitution Cornerstone of a Nation, Oxford University
Press, Delhi, 1966, p 50.
4. Ray, Aswini K Human Rights Movement in India: A Historical Perspective, Economic
and Political Weekly, Vol. 38, No. 32 (Aug. 9-15, 2003), pp. 3409-3412
5. Sharan, P. Constitution of India and Judicial Review The Indian Journal
6. Political Science, Vol. 39, No. 4 (Oct-Dec. 1978), pp. 526-537 1952 ) 1 SCR 89.
Shankari Prasad v. Union of India
7. (1965) SC 845 Sajjan Singh vs state of Rajasthan AIR 1967 SC 1643 Golak nath vs
state of Punjab
8. AIR 1973 SC 1461 Keshavnand Bharati v. State of Kerala AIR 1980 SC 1789 Minerva
Mills v. Union of India
9. Air 1951 SC 226. State of Madras vs. Srimathi Champakam Dorairajan
10. AIR 1951 Pat 246 Kameshwar Singh vs Province Of Bihar on 24 January, 1950
11. 1958 AIR 731, 1959 SCR 629Mohd.Hanif Quareshi & Others vs The State Of
Bihar(And Connected ... on 23 April, 1958
12. Author(s): Devidas, T. DIRECTIVE PRINCIPLES: SENTIMENT OR SENSE?
Journal of the Indian Law Institute, Vol. 17, No. 3 (July-September 1975), pp. 478-
480
26 | P a g e

Unit-III: Fundamental Duties

(a) REFLECTING ON THE ANCIENT INDIAN NOTIONS OF
RIGHTEOUSNESS AND DUTY CONSCIOUSNESS
(b) FUNDAMENTAL DUTIES- ARTICLE 51A [(A)- (K)]
(c) LEGAL STATUS OF FUNDAMENTAL DUTIES - JUDICIAL
APPROACH
Dr. Mangal Deo
Dr. Shiksha Rani
STRUCTURE
3.1 Learning Objectives

3.2 Introduction
3.3 Reflecting on the ancient Indian notions of righteousness
3.4 Duty consciousness
3.5 Fundamental Duties- Article 51A [(a)- (k)]
3.6 Legal status of Fundamental Duties - Judicial approach
3.7 Conclusion
3.8 Self-Assessment Questions
3.9 References
• Study of the reflecting on the ancient Indian notions of righteousness and duty
consciousness
• Study of Fundamental duties- article 51a [(a)- (k)]
• Study of Legal status of fundamental duties - judicial approach
3.2 INTRODUCTION
Rights and duties are complementary to each other in human life. In ancient Indian religion
and culture, more emphasis was placed on duties, because it was believed that if you
followed your duties, you would automatically get your rights. In the modern period, more
27 | P a g e

All UG Courses
importance was given to authority. In the latter concern, only rights have been discussed,
duties have not been discussed in detail. Duties were not mentioned in the basic constitution
of India either.
The concept of rights under the constitution cannot be practical until all the people
perform their respective duties, so the basic duties of citizens were mentioned in the
constitutions of countries like the Soviet Union, China, Hungary, Japan, and Italy. From a
theoretical point of view, fundamental duties are seen as guiding principles for the individual,
which not only limit his behaviour and inspire him to creative work but also determine his
role as a conscious citizen of the nation.
3.3 REFLECTING ON THE ANCIENT INDIAN NOTIONS OF

RIGHTEOUSNESS
In works of Buddhist literature, Danda plays a minor part. We should uphold the dharma in
more constructive ways. The concept of dharma held by Brahmins differs from the premise
of righteousness. It is more in line with Western ideas of virtue. According to brahminical
literature, the king is subject to a different set of moral standards. When the king is defending
the social order, what is adharma to the common people becomes dharma to him. It is known
as Rajadharma. Both the Bhagavadgita and the Mahabharata provide thorough explanations
of the idea of Rajadharma as opposed to the dharma practised by common people. According
to Buddhists, the state's principal duty is to uphold social order.
However, this order is better understood morally, and all of the king's operations must
adhere to the dharma. In addition to being a mental exercise, righteousness is an ethical
principle. The concept of righteousness is fully utilised in Buddhism to direct both domestic
and international politics. Righteousness triumphs over other forms of righteousness. The
same moral guidelines that apply to his subjects also apply to the king. The happiness or
unhappiness of the people is determined by the king, through example. In this sense, political
righteousness approaches the stature of a cosmic principle of creation. Although it could
seem like an exaggerated version, it is undeniable that the behaviour of the king has a
significant impact on that of his subjects.
The idea of a global leader, or chakravartin, is added to the premise of political
righteousness. This ruler's qualities include justice above all else, as well as universal
dominance and effective domestic and foreign management. Righteousness implies that the
monarch and his subjects share a mutual love and devotion when it comes to internal
management. The kingdom is taken over by the chakravarti by virtue rather than force in the
area of international relations. The terms “principles of righteousness” refer to morally
upright beliefs, motivations, words, deeds, ways of living, efforts, etc.
28 | P a g e

With the 1904 discovery of Kautilya's Arthasastra, a revolution in Indian political

philosophy began. A Pandit from Tanjore District presented a manuscript of the text and a
commentary on a brief section of it by a writer by the name of Bhattasvamin to R.
Shamasastry, Librarian, Mysore Government Oriental Library. In January 1905, Mr.
Shamasastry presented a summary of his research in the Indian Antiquary (Bombay). Over
the years, skilled Indian and Western specialists carefully examined the original papers, and
Shamasastry's English translation underwent a series of revisions until it passed their most
stringent inspection. The legitimacy of the Arthasastra as a document of fundamental
importance in Hindu politics was thereafter fully confirmed. Nevertheless, despite extensive
research, analysis, and discussion, there is still some controversy over the precise authorship
of Arthasastra. There are still some open issues: I Was the Kautilya who co-ruled
Chandragupta in the Mauryan Empire the same Kautilya who composed the Arthasastra?
(ii) Or was the Arthasastra created by Kautilya's minister-statesmen, advisors, and followers?
(iii) Alternatively, is Kautilya just a moniker (Upnaam) given, similar to how Manu is given
to the Manusamhita, to denote a mythological author when in reality, the Arthasastra was the
work of several scholars? (iv) The Arthasastra was composed either in the fourth century BC
or at some point between the fourth century BC and the third century AD. These questions
have never been definitively answered, and prominent authorities who have thoroughly
researched the aforementioned questions have come to different conclusions. The truth is that
not much trustworthy information has been gathered concerning the author of Arthasastra. At
the conclusion of each of the 150 chapters, the author identifies himself as Kautilya and
reiterates his promise to topple the Nanda dynasty. The author also refers to himself as
Chanakya and Vishnugupta.
According to Dr. Ganapati Sastri, the revered acharya was born in the Kutala gotra and
hence had the name Kautalya rather than Kautilya. He was also known by the names
Chanakya and Vishnugupta because of his parents' baptism of him under the latter name.
Nevertheless, everyone agrees that the Arthasastra is the most significant work in Hindu
politics, despite differing opinions regarding the author. It differs from the more theoretical
writings of earlier Brahmana schools because of its profound political realism and concern
for real-world issues with administration, adjudication, and governmental control. Also
provided are sharp insights into a study of Mauryan Empire politics. Therefore, if not the sole
author of the Arthasastra, the Brahmana politician is acknowledged as being at least the
driving force behind its compilation and argument. The Indian tradition attributes Chanakya
with writing the Arthasastra, which is the most crucial factor to take into account for the
purposes of this study. The leaders of Indian nationalism argue that Kautilya was the minister
and Shastra writer, that the Arthasastra is a genuine product of the political philosophy and
practical politics of Chandragupta's empire, and that modern Indian scholars nearly
universally agree that this tradition is accurate. Thus, according to Indian mythology,
29 | P a g e

All UG Courses
Kautilya, the creator and/or inspiration behind the “craft of politics,” was Kautilya the
statesman.
As the name suggests, the Kautilya Arthasastra is a dissertation on Arthasastra. Artha
literally translates to “the land inhabited by men” or “the nourishment or livelihood (vrttih) of
men.” The science known as Arthasastra provides the means for acquiring and safeguarding
the planet. The Arthasastra is primarily concerned with the general well-being on earth,
which may be achieved by state activity alone because Artha has long stood for material
well-being. Thus, Arthasastra is a science that studies state affairs. It is the science of politics,
administration, and statecraft. By separating itself from moral philosophy, the Arthasastra
literature focused on practical, political, and administrative issues within the larger moral
system. Arthasastra partially combines economics and politics because the Hindu tradition
does not distinguish between them.
3.4 DUTY CONSCIOUSNESS
In the current situation, not only in India but also globally, more emphasis is being placed on
duties rather than rights because it is believed that people do not follow the duties completely
simply by mentioning them in the constitution; as a result, citizens must be aware of their
responsibilities. Today people perform their duties under fear or pressure, while they should
perform their duties automatically. A sense of duty consciousness is automatically embedded
in Indian civilization and culture. In ancient Indian texts, along with the duties of the king,
there is also a detailed description of the responsibilities of the subjects. In Indian society,
there is a sense of automatic duty consciousness; a person performs his various societal
responsibilities as if it were a duty. Today, there is a need to further strengthen the sense of
duty consciousness. Along with constitutional norms, the development of a sense of duty
consciousness will be a significant factors.
We see that the Indian freedom struggle was inspired by the feeling of the highest duty,
in which people were naturally ready to make big sacrifices in the interest of the nation, so
the Constituent Assembly did not consider it appropriate to place the fundamental duties in
the constitution, but looking at the examples of other nations and the post-independence
experiences, the need for fundamental duties was felt. That's why the Indira Gandhi
government formed the Swaran Singh Commission in the context of the fundamental duties
and considered it the duty of this commission to submit suggestions regarding the
fundamental duties. Based on a study of several world constitutions and Indian conditions,
the Swaran Singh Commission presented its recommendations regarding the fundamental
duties of respecting the constitution and laws.
• Respecting the constitution and laws
• Upholding the sovereignty of the nation
30 | P a g e

• Active for unity

• Respecting democratic institutions
• Defence of the country
• To be ready for military service if required
• Abstaining from all forms of communalism
• To promote the equal welfare of all people in the interest of social and economic
justice.
• abstaining from violence
• Protecting public property
• Recommendations were made regarding duties based on the law, such as paying taxes,
etc.
3.5 FUNDAMENTAL DUTIES- ARTICLE 51A [(A)- (K)]
Based on the recommendations of the Swaran Singh Committee, an additional Part 5 (A) and
Article 51 (A-K were added to the Constitution by the 42nd Constitutional Amendment in
1976. Ten basic duties were mentioned in this. Another fundamental duty was added to this
section in 2002 by the 86th Constitutional Amendment. As a result, its total number has now
increased to 11.These basic duties are as follows:
1. Follow the constitution and respect its ideals, institutions, national flag, and national
anthem.
2. To cherish and follow the noble ideals that inspired our national struggle for freedom.
3. Protect the sovereignty, unity, and integrity of India and keep them intact.
4. Defend the country and serve the nation when called upon.
5. To create harmony and a spirit of common brotherhood among all the people of India,
transcending all discrimination based on religion, language, region, or class, and to
renounce practises derogatory to the dignity of women.
6. Understand the importance of the glorious tradition of our composite culture and
preserve it.
7. Protect and improve the natural environment, including forests, lakes, rivers, and
wildlife, and have compassion for living beings.
8. Develop a scientific temper and humanism, and the spirit of learning and reform.
9. Protect public property and stay away from violence.
31 | P a g e

All UG Courses
10. Strive to strive towards excellence in all activities, individual and collective, so that
the nation continually rises to new heights of endeavour and achievement.
11. If you are a parent or guardian, try to provide educational opportunities for your child
or ward up to the age of six.
There has been a difference of opinion regarding the importance of the fundamental duties,
with critics arguing that the observance or violation of the duties took place before or after
their inclusion. if they are of no use. Austin has also said that “citizens either perform their
duties naturally or they are bound by laws; ultimately, it is unnecessary in both cases.”
Along with this, critics say that there is already a system of punishment for many things
mentioned in the “fundamental duties” of penal law and that ultimately it is unnecessary.
Apart from this, some critics also believe that, in view of the social and cultural diversity of
India, these duties have different meanings and ultimately lead to situations of dilemma.
3.6 LEGAL STATUS OF FUNDAMENTAL DUTIES–JUDICIAL

APPROACH
In this context, it would be preferable to remove the erroneous phrase “composite culture”
from clause (f) of Article 51A. The Sanskrit language and literature, which are the great
unifying force “for the different peoples of this vast country, and it should be preferred in the
educational system for the preservation of that heritage, separate from the obligation of the
government under Article 351,” has recently been cited by the Supreme Court as the
cornerstone of this composite culture.
The Supreme Court stated that, despite the nation's many differences, its citizens were all
happy to see themselves as heirs to a shared culture, and that culture is unmistakably
Sanskrit's.
The Hindus who first inhabited India are the cause. After that, the British and Muslims
ruled this nation. Due to India's magnificent tolerance, the Hindu culture absorbed various
foreign cultures and grew up with a “composite culture” [Para 118]: Hinduism developed the
resilience to accommodate and imbibe the cultural richness of religious assimilation with
tolerance, and it became a land of religious tolerance [Para 118]. Each religion made a
positive synthesis or blend that enriched the overall Indian civilization. As a result, our
Constitutional creed represented our tolerance of all religions [Para 126].
Of course, neither direct enforcement of these obligations nor the imposition of penalties
to deter infringement are provided for in the Constitution. However, it is possible that a court
will consider a legislation to be “reasonable” in reference to Article 14 or 19 when deciding
whether or not it is constitutional if it finds that it strives to carry out any of these tasks. This
will prevent the law from being declared unconstitutional. It would also serve as a deterrent
32 | P a g e

to irresponsible citizens from engaging in antisocial behaviours like setting the Constitution
on fire or vandalising property owned by the government.
The Supreme Court has ruled that because a citizen must perform these obligations, it
follows that the state must work toward the same objective. Therefore, in appropriate
circumstances, the Court may offer pertinent instructions about these issues. The Supreme
Court adopted the concept of “sustainable development” as a concept of balance and further
held that the “precautionary principle” and the “polluter pays principle” are acceptable as
parts of the law of the country and should be applied by a court of law in order to give effect
to fundamental duties as enshrined in Article 51-A(g) read with Articles 21, 47, and 48B. In
addition, the Hon'ble Supreme Court ruled that Parts III, IV, and IV-A of the Indian
Constitution should be interpreted to include customary international law principles that are
not in conflict with local laws. The first section lists the essential freedoms, the second
outlines the fundamental tenets of government, and the third specifies the fundamental
responsibilities of citizens. It is always advisable to take into account the scope and effects of
any interpretation on all three constitutional elements resulting from these sections when
interpreting any of these laws. The “duties in Part IV-A” shall not be disregarded even though
basic duties, as described in Article 51-A, are not rendered enforceable by a writ of court in
the same manner that fundamental rights are. The same word “basic” that the Constitution's
framers used to prefix “rights” in Part III is prefixed to Article 51-A. The development of a
scientific mindset and humanism is a crucial obligation for every Indian citizen. He has a
fundamental obligation to pursue excellence in all areas of individual and group endeavour so
that the country might consistently reach new heights of endeavour and success. Although
Article 51-A does not explicitly impose any fundamental duties on the state, it is nonetheless
true that the obligation of each and every Indian citizen is the collective duty of the state
because the state is all of its citizens put together.
3.7 CONCLUSION
In this way, in any democratic state, along with rights, duties should not only be mentioned in
the constitution, but it is also necessary to instil a sense of duty among the citizens. From
ancient times to the present, there is a strong sense of duty consciousness in Indian society.
Although some degradation seems necessary in the complete performance of duty,
Fundamental rights were mentioned in the original constitution, but due to a lack of
consensus in the Constituent Assembly regarding fundamental duties, this mention could not
be made at that time. Through the 42nd Constitutional Amendment, it was included in Part
4A and Article 51A of the Constitution. proved to be a big historical step. The duty has also
been explained from time to time by the Supreme Court. Some duties have been explained in
conjunction with it. Today, it is necessary to follow the duty as well as the right by
considering it a moral value. And this can be possible only when there is a sense of duty
33 | P a g e

All UG Courses
among the citizens. Because they are mentioned in the supreme law of the country, they
become of special importance, due to which they become the duty of not only the citizens but
also of the government; ultimately, it can be said that they are in the form of ideals or good
wishes. There can be profit from them, but there is no possibility of loss.
1. Explain the concept of rights and duties consciousness in ancient India.

2. Explain the fundamental duties mentioned in the Indian Constitution.
3. What is fundamental duty? Examine the view of the Supreme Court on duties.
3.9 REFERENCES
2. Reddy, S. Sundara Rami Fundamental Ness Of Fundamental Rights And Directive
Principles In The Indian Constitution, Journal of the Indian Law Institute, Vol. 22,
No. 3 (July-September 1980), pp. 399- 407
3. Austin , Granville The Indian Constitution Cornerstone of a Nation, Oxford
University Press, Delhi, 1966, p 50.
4. Sharan, P. Constitution of India and Judicial Review The Indian Journal
5. Narang A.S. (1987), Indian Government and Politics, New Delhi, Gitanjali Publishing
House.
6. Ghosh, Peu, (2017) Indian Government and Politics, New Delhi, PHL, Learning
Private Limited.
7. Siwach, J. R., (1985) Dynamics of Indian Government and Politics, New Delhi,
Sterling Publishers.
34 | P a g e

Notes
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
35 | P a g e

All UG Courses
Notes
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
36 | P a g e

978-93-95774-96-3
9 789395 774963

Unit 1-3 PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Unit 1-3 PDF

Uploaded by

Copyright:

Available Formats

Department of Distance and Continuing Education

© Department of Distance and Continuing Education

© Department of Distance & Continuing Education, Campus of Open Learning,

© Department of Distance & Continuing Education, Campus of Open Learning,

Sl. No. Title Writer Pg. No.

Unit-I The Constitution of India-An Introduction Dr. Mangal Deo 01

Unit-II Constitutional Values Dr. Mangal Deo 14

Unit-III Fundamental Duties Dr. Mangal Deo 27

© Department of Distance & Continuing Education, Campus of Open Learning,

Unit-I : The Constitution of India-An Introduction

1.1 LEARNING OBJECTIVES

• Study of constitutional development and constitution making process in India

© Department of Distance & Continuing Education, Campus of Open Learning,

1.3 THE SALIENT FEATURES OF INDIAN CONSTITUTION

© Department of Distance & Continuing Education, Campus of Open Learning,

© Department of Distance & Continuing Education, Campus of Open Learning,

© Department of Distance & Continuing Education, Campus of Open Learning,

1.4 FEDERAL REPUBLIC

© Department of Distance & Continuing Education, Campus of Open Learning,

1.5 RULE OF LAW

© Department of Distance & Continuing Education, Campus of Open Learning,

1.6 SEPARATION OF POWERS

In India, a separation of functions is practised rather than a separation of powers. In India,

© Department of Distance & Continuing Education, Campus of Open Learning,

© Department of Distance & Continuing Education, Campus of Open Learning,

• Only in the event of impeachment are they able to do this.

© Department of Distance & Continuing Education, Campus of Open Learning,

1.10 SECULARISM AND SARVA DHARMA SAMA BHAVA

© Department of Distance & Continuing Education, Campus of Open Learning,

1.11 BASIC STRUCTURE

© Department of Distance & Continuing Education, Campus of Open Learning,

© Department of Distance & Continuing Education, Campus of Open Learning,

1.13 SELF-ASSESSMENT QUESTIONS

1. Discuss the constitution of India is as a federal and a republic.

© Department of Distance & Continuing Education, Campus of Open Learning,

Unit-II: Constitutional Values

2.1 Learning Objectives

2.1 LEARNING OBJECTIVES

• Study of justice social, political, economic in the context of constitutional values

© Department of Distance & Continuing Education, Campus of Open Learning,

2.3 CONCEPT OF JUSTICE, LIBERTY, EQUALITY AND

© Department of Distance & Continuing Education, Campus of Open Learning,

© Department of Distance & Continuing Education, Campus of Open Learning,

Fundamental Rights and Human Rights

© Department of Distance & Continuing Education, Campus of Open Learning,

© Department of Distance & Continuing Education, Campus of Open Learning,

© Department of Distance & Continuing Education, Campus of Open Learning,

2.4 JUSTICE: SOCIAL, POLITICAL, ECONOMIC

© Department of Distance & Continuing Education, Campus of Open Learning,

2.5 LIBERTY: THOUGHT, EXPRESSION, BELIEF, FAITH,

© Department of Distance & Continuing Education, Campus of Open Learning,

of expression is subject to be restricted on grounds of decency, morality, public order,

2.6 EQUALITY: EQUALITY BEFORE LAW & EQUAL

© Department of Distance & Continuing Education, Campus of Open Learning,

2.7 FRATERNITY: DIGNITY, UNITY AND INTEGRITY

© Department of Distance & Continuing Education, Campus of Open Learning,

Right to Constitutional Remedies (Article 32)

© Department of Distance & Continuing Education, Campus of Open Learning,

2.9 SELF-ASSESSMENT QUESTIONS

1. Define the Social, Political and Economic justice in Indian constitution.

© Department of Distance & Continuing Education, Campus of Open Learning,

© Department of Distance & Continuing Education, Campus of Open Learning,

Unit-III: Fundamental Duties