CLASS 11 POLITICAL SCIENCE NOTES

CHAPTER 1 CONSTITUTION: WHY AND HOW?

• A constitution is a written set of laws and fundamental principles to

develop a relationship between the people and the government
which comprises a number of articles about the state.
• We need a constitution:
o To provide a set of basic rules to allow minimal
coordination amongst the members of a society.
o To specify how the government would be constituted
and who has power to make decisions in the society.
o To lay some limitations on government’s power by
guaranteeing rights to the citizens.
o To enable the government to fulfill aspirations of a
society and create conditions for a just society.
o To express the fundamental identity of people.
• The Constitution of India was framed by the Constituent Assembly
in 1946 under the Cabinet Mission Plan.
• The Constituent Assembly spent 2 years 11 months and 18 days to
prepare the constitution to be adopted on November 26, 1949 and
came into force on 26 January, 1950.
• The Constitution of India is the Supreme Law to be accepted and
respected by all the citizens as well as institutions of the country.
• The Constitution of India is a blend of flexibility and rigidity as it is
federal in form but unitary in spirit.
• The main federal features of the Indian Constitution are written and
flexible constitution, distribution of powers between the center and
the states, supremacy of judiciary and existence of bi-cameral
legislature.
• The framers of Indian Constitution have borrowed a number of
provisions as per the suitability of the nation from different
countries, i.e. the British Constitution, the American Constitution,
the Constitution of Canada, the Constitution of Ireland, the French
Constitution, etc. along with the Government of India Act, 1935.

Important terms:

• Promulgation: To announce publically at the starting of a law.

• Deliberation: Considerations during the framing of Constitution.
• Disparity: A lack of equality and similarity in a war that is not fair.
• Suppressed: To prevent to express the feelings of someone.
• Sects: Different groups within a community.
 • Laws: A set of rules governing the administration of country to be
enforced by political authority.
• Integration: A harmonious relation with the feelings of brotherhood.
• Objective Resolution: Resolution to define aims of Assembly.

What & why do we need a Constitution?

A constitution is a body of fundamental principles according to which a state is

constituted or governed. It provides a set of basic rules that allow for minimal
coordination amongst members of a society that are legally enforceable.

Who can decide which rules are the best to suit a society?

• The constitution specifies the basic allocation of power in a

society.
• It decides who gets to decide what the laws will be.
• In the Indian Constitution, it is specified that in most instances,
Parliament gets to decide laws and policies and that Parliament
itself be organised in a particular manner.

Functions of Constitution

• Parliament has the authority to enact laws that constitute a

government in the 1st Place.
• Specifies who has the power to make decisions in a society.
• To put Limitations on the government
• It decides how the government will be constituted.
• It specifies certain fundamental rights that all of us possess as
citizens and which no government can ever be allowed to violate.
• To enable the government to fulfil the aspirations of a society and
create conditions for a just society.
What are the features of the Indian Constitution?

The features of the Indian Constitution as it stands today, are as follows:

• Lengthiest Written Constitution

• Blend of Rigidity and Flexibility
• Parliamentary Government
• Independent Judiciary
• A federal system with Unitary Features
• Secular State
• Universal Adult Franchise
• Emergency Provisions

Fundamental Identity of the People

• The people as a collective entity come into being only through the
basic constitution.

• Constitutional norms are the overarching framework within which

one pursues individual aspirations, goals and freedoms.

• The constitution sets authoritative constraints upon what one may

or may not do.

• It defines the fundamental values that we may not trespass. Hence,

the constitution also gives one a moral identity.
 • Many basic political and moral values are now shared across
different constitutional traditions.

Mode of Promulgation: This refers to how a constitution comes into being. Who
crafted the constitution and how much authority did they have?

In many countries, constitutions remain defunct why?

The reason why in many countries the constitution remains defunct is that either
the constitution is drafted by the military leaders or by those leaders who were
not popular among the citizens.

The major reason for the stringent constitutions is that the people or the makers
of the constitution lacked the ability to carry people with them.

Why Countries like India, South Africa and the United States are the most
successful constitutions?

These countries had a constitution that was drafted in the aftermath of the
popular national movement. The fact that the nation faced the very challenges
during the movement helped the makers to create a well-structured document.

An overview of the Indian Constitution

The constitution was formally created by a Constituent Assembly between
December 1946 and November 1949. It drew upon a long history of the
nationalist movement that had a remarkable ability to take along different
sections of Indian society together

It carried enormous legitimacy from the fact that it was drawn up by people who
enjoyed:

• Immense public credibility; Who had the capacity to negotiate and

command the respect of a wide cross-section of society, The ones
who were able to convince the people that the constitution was not
an instrument for the aggrandisement of their personal power.

Provision of the Constitution:

• It gives everyone in society some reason to go along with its

provisions
• It gives security towards the oppression of the minorities by the
permanent majorities of the constitution.
• Systematically privileged some members at the expense of others,
or that systematically entrenched the power of small groups in
society, would cease to command allegiance
• It preserves the freedom and equality of all its members
• The more a constitution preserves the freedom and equality of all
its members, the more likely it is to succeed.
Making of The Constitution

Constituent Assembly
MN Roy proposed the idea of a constituent assembly for the first time in 1934.
The British accepted the constituent assembly's demand for the first time in
August Offer (1940).

In 1946, the Cabinet Mission Plan established the Constituent Assembly. The
assembly met for the first time on December 9, 1946, and was reconvened on
August 14, 1947, as the Constituent Assembly for Divided India.

Members were chosen through an indirect election process by members of the

Provisional Legislative Assemblies, which were established in 1935. On
December 11, 1946, Dr. Rajendra Prasad was elected president of the
constituent assembly.

Sachidanand Sinah was the interim or Provisional president of the Constituent

Assembly

Balanced Institution Design

The designing of a constitution to ensure that no single institution acquires
monopoly of power

This is done by distributing powers across different institutions. Thus the Indian
constitution assigned different powers to different institutions:

• Legislature
• Executive
• Judiciary

Also, to statutory bodies like the Election Commission.

This ensures that even if one institution tries to subvert the Constitution, others
will be able to check it.
A constitution must strike the right balance between establishing certain values,
norms, and procedures as authoritative while also allowing for sufficient
flexibility in its operations to respond to changing needs and circumstances. A
constitution that is too rigid will likely break under the weight of change; on the
other hand, a constitution that is too flexible will provide no security,
predictability, or identity to a people.

What was the Cabinet Mission Plan?

The British Prime Minister, Clement Atlee, decided to send a mission to India
for the transfer of powers from the British Indian Government to Indian leaders.

Objectives:

• To obtain an agreement with the Indian leaders as to the framing of

a constitution for India.
• To formulate a constitution-making body (the Constituent
Assembly of India).
• To establish an Executive Council with the support of the major
Indian parties.

According to Cabinet Mission Plan:

• Each Province and each Princely State or group of States were

allotted seats proportional to their respective population roughly in
the ratio of 1:10,00,000.
• The seats in each Province were distributed among the three main
communities; Muslims, Sikhs and General, in proportion to their
respective populations.
• Members of each community in the Provisional Legislative
Assembly elected their own representatives by the method of
proportional representation with the single transferable vote.
 • The method of selection in the case of representatives of Princely
States was to be determined by consultation.

Procedures

• The Constituent Assembly had eight major Committees chaired by

the popular leader; Jawaharlal Nehru, Rajendra Prasad, Sardar
Patel, Maulana Azad & Bhim Rao Ambedkar.

• Each Committee usually drafted particular provisions of the

Constitution which were then subjected to debate by the entire
Assembly. Also, some provisions were subject to vote.
What task did the ‘Drafting Committee’ perform?

The Drafting Committee was entrusted with the responsibility to prepare the
draft constitution. The Drafting Committee was set up on 29 August 1947. The
constituent assembly took 2 years, 11 months and 17 days to frame the
constitution.

Chairman: BR Ambedkar
Members: N Gopalaswami Ayyangar, AK Ayyar, KM Munshi, Mohammad
Sadullah, BL Mittar, DP Khaitan.

An Assembly as diverse as the Constituent Assembly of India could not have

functioned if there was no background consensus on the main principles the
Constitution should enshrine.

Objective Resolution

The objective resolution was presented by Jawaharlal Nehru on 13 December

1946, laying down the underlying principles of the constitution which later
became the Preamble of the constitution.

The Objective resolution was adopted on 22 January 1947. The Indian

Constitution gave the institutional expression to equality, liberty, sovereignty
and a cosmopolitan identity based on the objective resolution.

Main points of the Objectives Resolution: { any four}

India is a sovereign and self-governing nation. Former British Indian territories,
Indian States, and other areas outside of British India and Indian States wishing
to join the union will form India.

Except for those assigned to or vested in the Union, all powers and functions of
government and administration shall be exercised by the territories that make up
the Union.

The people will be the source of all sovereign and independent India's powers
and authority, as well as its constitution.

All Indians shall be guaranteed and secured social, economic, and political
justice; equality of status and opportunities; and fundamental freedoms - of
speech, expression, belief, faith, worship, vocation, association, and action -
subject to the law and public morality.

Minorities, backward and tribal areas, as well as the depressed and other
backward classes, all require adequate protection. In accordance with
international law, the Republic's territorial integrity, as well as its sovereign
rights on land, sea, and air, must be safeguarded.

The land would willingly and fully contribute to the advancement of world
peace and human welfare.
 Institutional Arrangements

The Constituent Assembly spent a lot of time figuring out how to strike the right
balance between the executive, legislature, and judiciary.

Adoption of the parliamentary form and federal arrangement, which would

divide governmental powers between the legislature and the executive on the
one hand, and the States and the federal government on the other.
Borrowed Features of the Constitution

From British Constitution:

• Nominal Head – President (like Queen)

• Cabinet System of Ministers

• Post of PM
• Parliamentary Type of Govt. Bicameral Parliament
• Lower House more powerful
 • Council of Ministers responsible to Lower House Speaker in Lok
Sabha
• First past the Post
• Law Making Procedure
• The Idea of the rule of law

From U.S Constitution:

• Nominal Head – President (like Queen)

• Cabinet System of Ministers
• Post of PM
• Parliamentary Type of Govt. Bicameral Parliament
• Lower House more powerful
• Council of Ministers responsible to Lower House Speaker in Lok
Sabha

From USSR:
• Fundamental Duties Five year Plan

From Australia:
• Concurrent list

• Language of the preamble

• Provision regarding trade, commerce and intercourse

From Japan:
• Law on which the Supreme Court function.
From WEIMAR CONSTITUTION OF GERMANY:
• Suspension of Fundamental Rights during the emergency.

From CANADA:
• Scheme of federation with a strong centre

• Distribution of powers between the centre and the states and

placing.
• Residuary Powers with the centre

From IRELAND:
• Concept of Directive Principles of States Policy(Ireland borrowed
it from SPAIN)
• Method of election of President
• Nomination of members in the Rajya Sabha by the President

From South Africa:

• The procedure of Constitutional Amendment

Schedules In The Constitution

First Schedule
• List of states and Union Territories

Second Schedule
• Salary of President, Governors, Chief Judges, Judges of High
Court & Supreme court, Comptroller and Auditor General.
Third Schedule
• Forms of Oaths and Affirmation

Fourth Schedule
• Allocation of seats of each state of India in Rajya Sabha.

Fifth Schedule
• Administration & control of scheduled areas and tribes.

Sixth Schedule
• Provisions for the administration of tribal areas in Assam,
Meghalaya, Tripura and Mizoram.

Seventh Schedule
Gives allocation of powers and Functions between Union & States. Contains 3
lists.
• Union List

• State List
• Concurrent list

Eighth Schedule
• List of 22 languages of India recognised by the constitution.

Ninth Schedule
• Added by the 1st amendment in 1951. Contains acts and orders
related to land tenure, land tax, railways and industries.
Tenth Schedule
• Added by 52nd amendment in 1958. Provisions of disqualification
on grounds of defection.

Eleventh Schedule
• Added by 73rd amendment in 1992. Provision of Panchayati Raj.

Twelfth Schedule
• By the 74th amendment in 1992. Provision of Municipal
Corporation

NCERT QUESTIONS

Why is it necessary for a country to have a clear demarcation of powers and

responsibilities in the constitution? What would happen in the absence of such a
demarcation?

It is necessary for a country to have a clear demarcation of powers and

responsibilities in the constitution:
o To ensure that no single institution gets monopoly of power.
o In case of transgression, it may be checked by one of the
institutions.
o To specify who plays important role in decision-making powers.
o It shows how government would be formed.
o It lays down some limits on both the government and citizens
which are basic in nature which should not to be encroached by the
government and citizens.
o The Constitution shows how the organs of government are
interrelated along with a demarcation of powers of institutions like
legislature, executive and judiciary as well as statutory bodies,
Election Commission of India, etc.
 o The judiciary has been given a definite place to declare any law
unconstitutional if not at par with the provisions of Constitution.

In the absence of such a demarcation:

1. The federal set up would get stressed and there would be crisis in
center as well as states.
2. There would be a problem for the citizens and laws will be proved
to be unjust and unfair.

Why is it necessary for a constitution to place limitations on the rulers?

Can there be a constitution that gives no power at all to the citizens?

It is necessary for a constitution to place limitations on the rulers:

1. These units are basic in the sense that the rulers may not trespass
them.
2. Citizens have been given some specific fundamental rights in the
Constitution to limit powers of rulers.
3. Citizens have been granted some basic rights of liberties also,
freedom of speech and expressions, freedom to form trade union
and associations, etc. which cannot be checked by the government.
4. Only at the time of national emergency or in national interest, these
rights may be withdrawn for some specific periods.
5. It is essential for a constitution to place restrictions on the rulers
otherwise they may turn to be a dictator and may overlook the
people’s interest constitution guards and controls the rulers.
No, there can be no constitution that gives no power to its people:
o In a Constitutional monarchy, it is the monarch who decides the
powers of people.
o In a dictatorship, the ruler is supposed to get the support of people
to hang to the power, i.e. Pakistan’s General Musharraf also
conducted periodic referendum to hold power.
o In a democratic institutions/Constitution, it is the people who are
the real source of power where public mandate is required to enact
the policies for rulers.
o These can be no Constitution that does not give any power at all to
the citizens. It is always for the welfare of the citizens of the
country.
Give two examples each to support that the Constitution was made by credible
leaders who commanded people’s respect.

The Constitution was made by convincing leaders who asked for people’s respect.
1. The members of the Constituent Assembly represented all the
religions as well as sections of the society. There were 26 members
from the Scheduled classes and also members from Hindu, Sikh
and Muslim communities were also there. The representatives were
elected by the members of each community in the Provincial
Legislative Assembly through proportional representation.
2. The Provinces and Princely States were allotted seats in proportion
to their population, just about in the ratio of 1:10,00,000. Members
of the Constituent Assembly like Nehru, Patel, Rajendra Prasad and
Ambedkar were also a part of the national movement and enjoyed
reliability among the masses.
Give two examples each to support that the Constitution has distributed power
in such a way as to make it difficult to subvert it.
The Constitution has distributed power in such a way as to make it difficult to
subvert it.
1. Our Constitution has made institutional arrangements of
government on the basis of check and balance approach. If one of
the institutions goes beyond its limitations, the other checks it.
2. The procedure for amendments is quite detailed for different
articles of the Constitution.

Give two examples each to support that the Constitution is the locus of people’s
hopes and aspirations.
The Constitution is the locus of people’s hopes and aspirations.
o The Constitution provides some Fundamental Rights along with
protected provisions, the judiciary has powers to protect them.
o The Constitution of India has included some ‘Directive Principles
of State Policy’ which are not justifiable but a moral duty for the
government.
o The government has also given some effects to these in the form of
fixed minimum wages, formation of Panchayati Raj Institutions,
employment guarantee scheme and mid-day meal schemes, etc. to
be the hopes and aspirations of the people.
CHAPTER 2 RIGHTS AND DUTIES IN THE INDIAN CONSTITUTION

• Rights are the favorable conditions and guarantees to be provided by

a state to its citizens to live up a dignified life.
• These rights can be categorized as Social Rights, Political Rights
and Fundamental Rights to procure equality, liberty and social
justice into society.
• Fundamental Rights are specially protected to ensure that they are
not violated even by the government. Because these are protected by
the constitution of the country.
• There are 6 Fundamental Rights guaranteed by Indian Constitution
to its citizens:
o Right to Equality
 o Right to Freedom
o Right to Freedom of Religion
o Right against Exploitation
o Cultural and Educational Rights
o Right to Constitutional Remedies
• Fundamental Rights except the Right to Life and personal liberty
may be suspended only during the emergencies like foreign attacks
or internal disturbances.
• South African Constitution grants most extensive range of rights to
its citizens including even right to dignity, privacy, fair labour
practices, healthy environment, adequate housing, information, etc.
• Indian Constitution contains Directive Principles of State Policy
also to establish a welfare state along with the Fundamental Rights.
• The judiciary has the power to enforce the Fundamental Rights but
the Directive Principles of State are not enforceable by law.
• By the 42nd amendment, in 1976, the Fundamental Duties have also
been inserted which are ten in numbers to defend our country,
promote harmony and protect the environment.
• The inclusion of fundamental duties has not changed the status of
our fundamental rights.

Important terms:

• Rights: These are guarantees to citizens to live up a social life in a

dignified manner.
• Duties: A performance towards others or society to enjoy rights.
• Constitutional Remedies: Protective arrangements to citizens by the
Constitution against any exploitation.
• Exploitation: The act of doing injustice with others in any manner.
• Begar: A forced labour without payment.
• Minorities: These are the groups having common language or
religion and in a particular part of the country or in a country as a
whole, these are out-numbered by some other social sections.
• Marginalized Communities: Communities left ignored like Dalits,
OBCs, Weaker sections,, etc.

What is the “BILL OF RIGHTS”?

A list of rights mentioned and protected by the constitution is called the bill of
rights. Democracy must ensure that individuals have certain rights and that the
government will always recognize these rights.
It Prohibits the government from thus acting against the rights of the individuals
and ensures a remedy in case there is a violation of these rights.

The Fundamental Rights have been described in ‘Articles 12- 35’ also in ‘Part-
3’ of the constitution.
Part-3 of the constitution is rightly described as the Magna Carta of India

Fundamental Rights In the Indian Constitution

The Motilal Nehru committee had demanded a bill of rights as far back as 1928.
The Constitution listed the rights that would be specially protected and called
them fundamental rights. Fundamental Rights are so important that the
Constitution has separately listed them and made special provisions for their
protection.

The Constitution ensures that fundamental rights are not violated by the
government.

Ordinary Rights & Fundamental Rights

Ordinary legal rights are protected & enforced by ordinary law. It may be
changed by the legislature by the ordinary process of lawmaking.

Fundamental Rights are protected and guaranteed by the constitution of the

country. These rights may only be changed by amending the Constitution itself.

Judiciary has the powers and responsibility to protect the fundamental rights
from violations by actions of the government, Executive, as well as legislative
actions, can be declared illegal by the judiciary if these violate the fundamental
rights or restrict them in an unreasonable manner.
 Fundamental Rights

Right to Equality: (Articles 14 to 18)

• Article 14: Equality before law Equal protection of laws

• Article 15: Prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth
• Article 16: Equal access to shops, hotels, wells, tanks, bathing
Ghats, roads etc & Equality of opportunity in public employment
• Article 17: Abolition of Untouchability
• Article 18: Abolition of titles
Right to Freedom: (Articles 19 to 22)

Article 19: This article guarantees freedom to the citizens of India.

• Freedom of speech and expression

• Assemble peacefully
• Form associations/unions
• Move freely throughout the territory of India
• Reside and settle in any part of India
• Practice any profession, or carry on any occupation, trade or
business.

Article 20: Protection in respect of conviction

Article 21: It gives protection of life and personal liberty to both citizens and
non-citizens.

Article 20 & 21 remain in force even during emergency

• Article 21 (A): Right to Education from 6 to 14 years, made a

fundamental right by 86th Amendment. 2002.
• Article 22: It protects against arrest and detention in certain cases.

Right against Exploitation: (Article 23 & 24)

• Article 23: Prohibition of traffic in human beings and forced labour

 • Article 24: Prohibition of employment of children in hazardous
jobs

Right to Freedom of Religion: (Article 25 to 28)

• Article 25: Freedom of conscience and free profession, practice

and propagation of religion
• Article 26: Freedom to manage religious affairs
• Article 27: Freedom to pay taxes for promotion of any particular
religion
• Article 28: Freedom to attend religious instruction or worship in
certain educational institutions.

Cultural and Educational Rights: (Article 29 & 30)

• Article 29: Protection of language, culture or script to every culture

• Article 30: Right of minorities to establish educational institutions

Right to Constitutional Remedies: (Article 32)

• Article 32: Right to move to the court to issue

direction/orders/writs for enforcement of right

Overview of Rights
The Constitution clarifies that the government can implement special schemes
and measures for improving the conditions of certain sections of society:
children, women, and the socially and educationally backward classes.

Article 16(4) of the constitution explicitly clarifies that a policy like reservation
will not be seen as a violation of the right to equality.

If you see the spirit of the Constitution, this is required for the fulfilment of the
right to equality of opportunity. The right to freedom of speech and expression
is subject to restrictions such as public order, peace and morality etc.

Freedom to assemble too is to be exercised peacefully and without arms. The

government may impose restrictions in certain areas declaring the assembly of
five or more persons as unlawful.

What is Preventive Detention?

A person would be arrested on the apprehension that he or she is likely to
engage in unlawful activity
Sometimes a person can be arrested simply out of an apprehension that he or
she is likely to engage in an unlawful activity and imprisoned for some time.
This is known as preventive detention:
• A person can be arrested without a formal charge.

• Detention can be up to ‘Three Months’.

It means that if the government feels that a person can be a threat to law and
order or the peace and security of the nation, it can detain or arrest that person.

The Jammu & Kashmir Public Safety Act, 1978 is a preventive detention law. A
person is taken into custody to prevent him/her from acting in a manner that is a
threat to the security of J&K.
What are the Rights of the Accused?

To ensure a fair trial in courts, the Constitution has provided three rights:
• No person would be punished for the same offence more than once.

• No law shall declare any action as illegal from a backdate, and

• No person shall be asked to give evidence against him or herself
Freedom of faith and worship.

What are the limitations on the ‘Freedom of Religion’?

Freedom of religion also includes the freedom of conscience. It means that a

person may choose any religion or may choose not to follow any religion.
Freedom of religion includes the freedom to profess, follow and propagate any
religion.

Limitations:
 1. The government can impose restrictions on the practice of freedom
of religion to protect public order, morality and health.
2. It is not an unlimited right.

The government can interfere in religious matters for rooting out certain social
evils:

• The Constitution does not allow forcible conversions.

• The Constitution gives us the right to spread information about our
religion and thus attract others to it.

Cultural & Educational Rights

It allows every community to conserve its distinct language, script or culture. It

also bars disallowing a citizen admission to any educational institution
maintained or aided by the state only on grounds of religion, race, caste, gender.

‘Article 30’ of the constitution also gives the right of minorities to establish and
administer educational institutions.

Right to Constitutional Remedies

Heart and soul of the Indian constitution ~ BR Ambedkar

This right gives a citizen the right to approach a High Court or the Supreme
Court to get any of the fundamental rights restored in case of their violation.
The Supreme Court and the High Courts can issue orders and give directives to
the government for the enforcement of rights.

The courts can issue various special orders known as writs:{ very important}
• Habeas corpus: This means that the court orders that the arrested
person should be presented before it. It can also order to set free an
arrested person if the manner or grounds of arrest are not lawful or
satisfactory.
• Mandamus: Issued when the court finds that a particular
officeholder is not doing legal duty and thereby is infringing on the
right of an individual.
• Prohibition: Issued by a higher court (High Court or Supreme
Court) when a lower court has considered a case going beyond its
jurisdiction.
• Quo Warranto: If the court finds that a person is holding office
but is not entitled to hold that office, it issues the writ of quo
warranto and restricts that person from acting as an officeholder.
• Certiorari: Under this writ, the court orders a lower court or
another authority to transfer a matter pending before it to the higher
authority or court

National Human Right Commission (NHRC)

The Commission‘s functions include inquiry at its own initiative or on a petition

presented to it by a victim in the complaint of a violation of human rights.

• Visit jails to study the condition of the inmates.

• Undertaking and promoting research in the field of human rights.

The Commission does not have the power of prosecution. It can merely make
recommendations to the government or recommend to the courts to initiate
proceedings based on the inquiry that it conducts.

Directive Principles Of State Policy

The chapter on Directive Principles lists mainly three things:
• The goals and objectives that we as a society should adopt;

• Certain rights that individuals should enjoy apart from the

Fundamental Rights.
• Certain policies that the government should adopt.

What is the relationship between Fundamental Rights and Directive Principles?

• Fundamental Rights restrain the government from doing certain

things while Directive Principles exhort the government to do
certain things.

• Fundamental Rights mainly protect the rights of individuals while

Directive Principles ensure the well-being of the entire society.
Right to Property

In the Constitution, originally, there was a fundamental right to acquire, possess

and maintain the property. The Constitution made it clear that property could be
taken away by the government for public welfare.

In 1973, the Supreme Court gave a decision that the right to property was not
part of the basic structure of the Constitution and therefore, parliament had the
power to abridge this right by an amendment.

In 1978, the 44th amendment to the Constitution removed the right to property
from the list of Fundamental Rights and converted it into a simple legal right
under Article 300A.
Fundamental Duties

The fundamental duties in the constitution serve as a reminder to the citizens

that while enjoying their rights, they should be conscious of the duties of their
duties towards their country. They were formed on the recommendations of the
Swaran Singh Committee.

They were added by 42nd Amendment Act, 1976 under ‘Article 51 A’.

They are as follows:

• Abide by the Indian Constitution and respect its ideals and
institutions, the National Flag and the National Anthem
• Cherish and follow the noble ideals that inspired the national
struggle for freedom
• Uphold and protect the sovereignty, unity and integrity of India
• Defend the country and render national service when called upon
to do so
• Promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic and
regional or sectional diversities and renounce practices derogatory
to the dignity of women
• Value and preserve the rich heritage of the country’s composite
culture
• Protect and improve the natural environment including forests,
lakes, rivers and wildlife and have compassion for living creatures
• Develop scientific temper, humanism and the spirit of inquiry and
reform
• Safeguard public property and abjure violence
• Strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of
endeavour and achievement
• Provide opportunities for education to his child or ward between
the age of six and fourteen years. (This duty was added by the 86th
Constitutional Amendment Act, 2002)
 NCERT QUESTIONS
An activist working among the poor says that the poor don’t need Fundamental
Rights. What they need are Directive Principles to be made legally binding. Do
you agree with this? Give your reasons.

No, I do not agree with this statement. Fundamental Rights cannot be denied to
any section of the society whether rich or poor and this is relevant for all the
sections of the society. While implementation of Directive Principles is
mandatory for improving the condition of the poor, fundamental rights are
universal as they guarantee dignity to every citizen and are the basis for ensuring
equality among the people.
Certain rights like Right to Constitutional Remedy are important to give
protection to the poorest and weakest sections of the society from the illogical
action of the state. Enforcement of Directive Principles is an important aspect for
ensuring social, economic and political justice. However, freedom of expression
is still required to raise voice against any form of discrimination or injustice being
done to someone.

Several reports show that caste groups previously associated with

scavenging are forced to continue in this job. Those in positions of
authority refuse to give them any other job. Their children are discouraged
from pursuing education. Which of their Fundamental Rights are being
violated in this instance?

In this case, the following Fundamental Rights are being violated:

o Right to Freedom: Under the situation given here the Right to
freedom of profession of an Indian citizen has been violated due to
force to continue in their jobs and to be refused the other jobs.
Right to practice any profession is violated as they are refused any
other jobs by the authorities
o Culture and Educational Rights: The cultural and educational rights
are also violated due to discourage of their children from pursuing
education because every child has the right to get admission to any
government or government aided educational institution.
o Right to Equality: The Untouchability has also been abolished and
everyone has the right to equal opportunities in employment
 because all the citizens are equal before law. Hence, right to
equality is also violated.
o Fundamental right against exploitation such as prohibition of
forced labour, is violated in this situation by forcing certain castes
to continue in the same job that is associated with their caste.
Prohibition of employment of children in hazardous jobs is also
violated in this instance.

Which Fundamental Right is being used or violated if overweight male cabin

crew are allowed to get promotion in the national airlines but their women
colleagues who gain weight are penalized.

In the given situation, Right to Equality is being violated on the grounds of

discrimination whereas nobody should be discriminated under the Right to
Equality on behalf of Caste, Sex, Religion, Race, etc.

Which Fundamental Right is being used or violated if a director makes a

documentary film that criticizes the policies of the government.

In the second situation, Right to Freedom of Speech and Expression is being used
as the Director has put forward the views and opinions of the society.

Which Fundamental Right is being used or violated in people displaced by a big

dam take out a rally demanding rehabilitation.
People displaced by a big dam take out a rally demanding rehabilitation-Though
our Constitution grants right to reside and settle in any part of India in the Right
to Freedom. At the same time , in this situation ,Freedom to assemble is there as
people can assemble anywhere peacefully without arms to seek their demands
from the government.

Which Fundamental Right is being used or violated in Andhra society runs

Telugu medium schools outside Andhra Pradesh.
This case refers to the rights of linguistic minorities to set up their own
educational institutions to preserve their culture. Hence, Andhra Pradesh can
enjoy the right to run Telugu medium schools outside Andhra Pradesh.
 Chapter 9 Constitution as a Living Document

• The Constitution of India was adopted on November 26, 1949 and

its implementation started from January 26, 1950.
• Since 1950, the same constitution has been continuing to function
under the framework to be operated in the country.
• The basic structure of our constitution cannot be changed and has
been made as per the suitability of the country.
• Article 368 states that parliament may in exercise of its constituent
power amend by way of addition, variation or repeal any provision
of this constitution in accordance with the procedure laid down in
this article.
• The Constitution of India is partially rigid and partially flexible
because some amendments can be made by a simple majority of
Parliament and some require at least 2/3 majority of parliament with
ratification by the legislatures of at least one half of the states.
• Some amendments require a special majority of Parliament in both
the houses separately.
• A living constitution refers to the amendments made without
changing the basic structure of the constitution, which has been
resulted due to judicial interpretation.
• As a ‘Living Constitution’, it responds to the experiences arisen in
different situations from time to time.
• For example, the Supreme Court held in the case of reservations,
which cannot exceed 50% of total seats in jobs and educational
institutions.
• This was the only decision of the Supreme Court to emerge creamy
layer who were not entitled to be benefited under reservations.
• The supreme court even gave the Keshavanand ruling in 1973. In
the past three decades, this ruling has governed all interpretations of
the constitution and all institutions in the country have accepted the
theory of the basic structure.
• On 26 January, 2014, the constitution of India completed 64 years
and it has been amended a number of times, but its basic structure
has not been changed, only explanations took place.

Why should the constitutions be amended?

It is not rare for countries to modify their constitutions in reaction to changing

circumstances, shifting social ideologies, or even political upheavals.
The Soviet Union had four constitutions in its life of 74 years. After the
disintegration of the Soviet federation in 1991, the newly formed Russian
Federation adopted a new constitution in 1993

The Indian Constitution – A living document

The Constitution of India was adopted on 26 November 1949. Its

implementation formally started on 26 January 1950. The constitution was
questioned many times for its viability but the makers of our constitution had
framed a very robust Constitution; its basic framework is very much suited to
our country even today.

The Constitution makers were very farsighted and provided many solutions for
future situations.

How does the same constitution continue to serve India?

Our Constitution accepts the necessity of modifications according to changing

needs of society. In the actual working of the Constitution, there has been
enough flexibility of interpretations. The political practice and judicial rulings
have shown maturity and flexibility in implementing the constitution.

The above factors have made our Constitution a living document rather than a
closed and static rulebook.
Why should the constitution be modifiable?

The provisions of the constitution would naturally reflect efforts to tackle the
problems that the society is facing at the time of the making the constitution.
The constitution must be a document that provides the framework of the
government for the future as well. It has to be able to respond to the challenges
that may arise in the future.

The constitution will always have something that is contemporary and

something that has more durable importance:

• A constitution is not a frozen and unalterable document, the

constitution is a framework for the democratic governance of the
society.
• The constitution is a sacred document and that it is an instrument
that may require changes from time to time.
• Our constitution is not a static document, it is not the final word
about everything; it is not unalterable.
How To Amend the Indian Constitution?

Balancing approach of our Constitution

The Constitution must be amended if so required. But it must be protected from

unnecessary and frequent changes. The Constitution is supposed to be ‘Flexible’
and ‘Rigid’ at the same time. (Flexible means open to changes and rigid means
resistant to changes.)

The framers of the Constitution were well aware that the document could have
flaws or errors; they understood that no document could be completely error-
free. At the same time, the Constitution was establishing a federal polity, which
meant that the States’ rights and powers could not be altered without their
assent.

Other aspects of the Constitution were so important to the spirit of the document
that the framers were eager to protect them from modification. These
requirements had to be spelt out in detail.

As a result of these factors, various methods of altering the Constitution have

been proposed.
The Amending power of the constitution exists with the Parliament. It may in
the exercise of its constituent power to amend by way of addition, variation or
repeal any provision of this Constitution in accordance with the procedure laid
down in this article.
What are the different ways of amending the constitution?

The constitution can be amended by 3 basic ways:

1. Simple Majority

There are many articles in the Constitution, which mention that these articles
can be amended by a simple law of the Parliament. No special procedure for
amendment is required in such cases and there is no difference at all between an
amendment and an ordinary law. These parts of the Constitution are very
flexible.

The wording ‘by law’ indicates that these articles can be modified by the
Parliament without recourse to the procedure laid down in Article 368. Many
other articles of the Constitution can be modified by the Parliament in this
simple manner.

2. Simple Majority in Both Houses Separately

Similar to the method mentioned above, this way requires the article to be
modified by passing in both the houses by a simple majority.

3. Special Majority

It requires a special majority of the Parliament and the consent of half of the
State legislatures. All amendments to the Constitution are initiated only in the
Parliament.
Besides the special majority in the Parliament, no outside agency like a
constitution commission or a separate body is required for amending the
Constitution

What is the Special Majority in the Amendment procedure?

Amendment to the Constitution requires two different kinds of special

majorities:

• Those voting in favour of the amendment bill should constitute at

least half of the total strength of that House.
• Secondly, the supporters of the amendment bill must also
constitute two-thirds of those who actually take part in voting.
• Both Houses of Parliament must pass the amendment bill
separately in this same manner (there is no provision for a joint
session). For every amendment bill, this special majority is
required.

The basic principle behind the amending procedure is that it should be based on
broad support among the political parties and parliamentarians.

Does the president have the power to send an amendment for reconsideration?

The President has no powers to send it back for reconsideration in an

amendment bill. These details show how rigid and complicated the amending
process could have been. Only elected representatives of the people are
empowered to consider and take final decisions on the question of amendments.
In the case of constitutions, which are very difficult to amend, they are
described as rigid.

The Indian Constitution combines both of these characteristics.

The Sovereignty of elected representatives (parliamentary sovereignty) is the
basis of the amendment procedure.

Ratification by States
For some articles of the Constitution, a special majority is not sufficient. When
an amendment aims to modify an article related to the distribution of powers
between the States and the central government, or articles related to
representation, it is necessary that the States must be consulted and that they
give their consent.

The Constitution has ensured this by providing that legislatures of half the
States have to pass the amendment bill before the amendment comes into effect.

The provisions about fundamental rights are also protected in this way

The Constitution of India can be amended through large-scale consensus and

limited participation of the States.

Why Have There Been So Many Amendments?

There is always criticism about the number of amendments. It is said that there
have been far too many amendments to the Constitution of India. On the face of
it, the fact that ninety-three amendments took place in fifty-five years does seem
to be somewhat odd.
Amendments are not only due to political considerations.

Barring the first decade after the commencement of the Constitution, every
decade has witnessed a steady stream of amendments. This means that
irrespective of the nature of politics and the party in power, amendments were
required to be made from time to time.

Are the amendments because of the inadequacies of the original Constitution? Is

the Constitution too flexible?

The anti-defection amendment (52nd amendment), this period saw a series of

amendments in spite of the political turbulence. Apart from the anti-defection
amendments (52nd and 91st), these amendments include, the amendment
bringing down the minimum age for voting from 21 to 18 years, the 73rd and the
74th amendments, etc.

In this same period, there were some amendments clarifying and expanding the
scope of reservations in jobs and admissions.

After 1992-93, an overall consensus emerged in the country about these

measures and therefore, amendments regarding these measures were passed
without much difficulty (77th, 81st, and 82nd amendments).

What are some controversial amendments to the Indian constitution?

In particular, the 38th, 39th and 42nd amendments have been the most
controversial amendments so far. These three amendments were made in the
background of an internal emergency declared in the country from June 1975.
They sought to make basic changes in many crucial parts of the Constitution.
What was the 42nd Amendment?

It was an attempt to override the ruling of the Supreme Court given in the
Kesavananda case. Even the duration of the Lok Sabha was extended from five
to six years. The Fundamental Duties were added to the constitution by this
amendment act.

The 42nd amendment also put restrictions on the review powers of the Judiciary.
This amendment made changes to the Preamble, to the seventh schedule of the
Constitution and to 53 articles of the Constitution.

The Kesavananda Bharati case

The Most popular Case filed “The Kesavananda Bharati case” has set specific
limits to the Parliament‘s power to amend the Constitution. It says that no
amendment can violate the basic structure of the Constitution; It allows the
Parliament to amend any and all parts of the Constitution (within this
limitation); and

It places the Judiciary as the final authority in deciding if an amendment

violates basic structure and what constitutes the basic structure.

The theory of basic structure

 • There is no mention of this theory in the Constitution.
• It has emerged from judicial interpretation.
• The Judiciary and its interpretation have practically amended the
Constitution without a formal amendment.

Examples of how judicial interpretation changed our understanding of the

Constitution;

• Reservations in jobs and educational institutions cannot exceed

fifty per cent of the total seats.
• Reservations for other backward classes, the Supreme Court
introduced the idea of a creamy layer and ruled that persons
belonging to this category were not entitled to benefits under
reservations.

The Judiciary has contributed to an informal amendment by interpreting various

provisions concerning the right to education, the right to life and liberty and the
right to form and manage minority educational institutions.

What was the Kesavananda Bharati case?

Kesavananda challenged the Kerala land reforms legislation in 1970, which
imposed restrictions on the management of religious property. The case was
challenged under Article 26, concerning the right to manage religiously owned
property without government interference.

One of the biggest bench of judges comprising 13- judges was set up by the
Supreme Court, to hear the case.

What is the operational procedure in a parliamentary democracy?

In a parliamentary democracy, the Parliament represents the people and

therefore, it is expected to have an upper hand over both the Executive and
Judiciary.

At the same time, there is the text of the Constitution and it has given powers to
other organs of the government. Therefore, the supremacy of the Parliament has
to operate within this framework. Democracy is not only about votes and
people‘s representation.

It is also about the principle of rule of law.

Democracy is also about developing institutions and working through these

institutions. All the political institutions must be responsible to the people and
maintain a balance with each other.

NCERT QUESTIONS
If amending power is with the elected representatives, judiciary should NOT
have the power to decide the validity of amendments. Do you agree? Give your
reasons in 100 words.

If amending power is with the elected representatives, judiciary should not have
the power to decide the validity of amendments, I completely disagree with this
statement. Judiciary is an important branch of the government which upholds
peace, order and good governance. Citizens of any county depend upon the
judiciary to sustain their rights and interpret laws.
Judiciary is involved in active interpreting of the provisions of the constitution
while announcing it judgment, this keeps the process abreast. This power of
judiciary keeps a check on the unsuitable and arbitrary use of the amendments by
any political party and also defends the fundamental rights of the people. In many
jurisdictions the judiciary exercises its power to change laws through the process
of judicial review. Ultimately, we see that it is the judiciary who brings out the
final verdict in every matter.

Many amendments to the Constitution of India have been made due to

different interpretations upheld by the Judiciary and Parliament. Explain
with examples.

It is true that many amendments to the Constitution of India have been made due
to different interpretations upheld by the Judiciary and the Parliament. The
judiciary interprets and applies the law in the name of the state. There are
examples which prove this point.
1. The First Amendment Act of 1951 brought many changes in the
Constitution due to certain flaws that were found in the workings
of the Constitution and which had to be remedied.
2. The Parliament’s authority to amend the Constitution has got some
clear limits which mention that no amendment can disobey the
basic structure of the Constitution.
3. When there is a clash between the judiciary and the government
then the Parliament had to add an amendment.
4. Many times the Parliament has agreed with the judicial
interpretation and wanted to amend the Constitution to overcome
the ruling decision of the judiciary.
5. For example, the Kesavananda Bharati Case, in which the supreme
court declared the level of which parliament could stand firm on
 property rights in the pursuit of land reforms led to the
establishment of the doctrine of ‘Basic Structure of The
Constitution’ which limited the power of the parliament with
regard to the constitutional amendment under article 368 of the
Indian constitution.
6. Also, we see in the Golaknath case of 1967 in which the parliament
could not hold back any fundamental rights in the constitution was
abrogated by then government in 1971 by introducing the 24th
amendment.
7. There are many more examples which support our statement like
the constitution of India is flexible which means it is updated and
not rigid.
8. There are many amendments which were brought into the
constitution due to different interpretations upheld by the Judiciary
and the Parliament.
9. The constitutional amendments of 43rd and 44th rejected most of
the changes that were affected by the 38th, 39th and 42nd
amendments.
10. The constitutional balance was restored by these amendments in
our constitution.

Explain the reason for requiring special majority for amending the Constitution.

Special majority is required in the different manner:

o Half of the total strength of the house, who is in the favor of the
amendment bill.
o Two-third of those supporters who are participating in voting.
o Both the houses of parliament must pass the bill separately also.

The above mentioned majorities are required. To take some opposition parties
into confidence due to majority.
1. On the issues like distribution of powers, some articles are needed
to be consulted with the states.
2. Through wide consensus and limited participation of states,
constitution can be amended.
3. For maintaining partial flexibility and rigidity, consent of half of
the states and simple majority of state legislature is sufficient.
Identify the correct statements about the theory of basic structure. Correct the
incorrect statements.
a. Constitution specifies the basic tenets.
b. Legislature can amend all parts of the Constitution except the basic structure.
c. Judiciary has defined which aspects of the Constitution can be termed as the
basic structure and which cannot.
d. This theory found its first expression in the Kesavananda Bharati case and has
been discussed in subsequent judgments.
e. This theory has increased the powers of the judiciary and has come to be
accepted by different political parties and the government.

Answer
6:
a. It is an incorrect statement because constitution does not specify basic tenets;
the basic structure has been evolved by the Supreme Court.
b. It is a correct statement.
c. It is correct because the basic theory is the invention of judiciary.
d. It is a correct statement.
e. It is a correct statement.
CHAPTER 10 THE PHILOSOPHY OF THE CONSTITUTION

• The laws and moral values are interrelated with each other.
• Hence, the Constitution of India is democratic, secular, federal,
liberal, egalitarian, open to community values as well as sensitive
towards the needs and aspirations of the peoples to maintain
integrity of the county.
• The philosophy of the constitution does not contain only moral
content but mediate between the various interpretations of the core
value of Indian polity.
• The Constitution of India has made the arrangements to protect the
rights and interests of SCs, STs, Minorities by providing the
reservation of seats in the legislatures for them.
• The same reservations have been made for them even in government
jobs also to secure their interest.
• The Constitution of India is a supreme law to be respected and
accepted by the institutions and citizens both because only this
protects the fundamentalities of citizens and country.
 • The Constitution of India experiences the federal character because
it distributes the powers between the central government and its
constituent units, it is a written document, it is partially flexible and
partially rigid.
• The judiciary of India is supreme, and the bi-cameral legislature
exists in India.
• The constitution has a centralized idea of national unity as its
preamble outlines the objectives of constitution by providing justice,
equality, fraternity, liberty and unity and integrity of the country.
• The philosophy of the constitution can be approached by getting the
concept of constitution in a clear manner, grasping or analyzing the
set of ideals in constitution as well as a detailed justification for the
same.
• The philosophy of the constitution mainly emphasizes on peaceful
and democratic measures to develop a democratic transformations in
the form of equality, freedom and national unity and integrity.

he Philosophy of the Constitution

A constitution is not only a document that contains laws but also moral values.
It cannot be looked at only through a legalistic lens and needs to be
supplemented through the philosophical outlook.

How can we understand the philosophy of the Indian constitution?

The constitution as a document is based on a set of moral principles. To make

sense of the constitution's substance, we need to use a political philosophy
perspective.

When it comes to the philosophy of the constitution, one must keep three things
in mind.

1. Conceptual Structure
We need to understand the conceptual structure of the constitution. Proper
knowledge must be there of the terms used in the constitution such as,’
Citizenship, Minority or Democracy.

2. Coherent Vision of Society and Polity

An attempt must be made to work out a coherent vision of society and polity
conditional upon an interpretation of the key concepts of the constitution. We
must have a better grasp of the set of ideas embedded in the constitution.

3. Read in Conjunction with Constituent Assembly Debates

The Indian Constitution must be read in conjunction with the Constituent

Assembly debates to refine and rise to a higher theoretical plane, the
justification of values embedded in the Constitution.

A philosophical treatment of a value is incomplete if a detailed justification for

it is not provided. When the framers of the Constitution chose to guide Indian
society and polity by a set of values, there must have been a corresponding set
of reasons. Many of them, though, may not have been fully explained.

Why is a philosophical approach needed?

A political philosophy approach to the constitution is necessary not only to

evaluate the moral content expressed in it and to examine its claims, but it may
also be utilised to resolve disagreements over our polity's multiple vital
principles.

These political concepts are interpreted in a variety of ways, and they are
occasionally purposely misrepresented to achieve short-term political goals. As
a result, we must assess whether the constitutional ideal and its manifestation in
other spheres are incompatible.

Which constitution is popularly known as the 'peace constitution' and why?

The post-world war II constitution of Japan drafted and adopted in 1947 is

popularly known as the 'Peace Constitution'.

The philosophy of the Japanese constitution is based on the ideal of peace.

These ideals are reflected in the preamble and Article 9 of the constitution. It
can be said that these values dominated the thinking of the constitution-makers
post their war experience.

Why is the Indian constitution considered a means of democratic

transformation?

One of the most frequently accepted reasons for having constitutions is to limit
the state's ability to exercise excess power. The regulations must be constructed
in such a way that the despotic tendencies of states are constantly controlled. As
a result, constitutions establish the basic norms for preventing states from
engaging in such excesses. Constitutions provide democratic means to bring
peace transitions.

The Indian constitution is considered a means of democratic transformation as it

provides peaceful, democratic means to bring about social transformation.
Moreover, it announced and embodied the first real exercise of political self-
determination.

The Indian Constitution was designed to break the shackles of traditional social
hierarchies and to usher in a new era of freedom, equality and justice. In this
manner, the Indian constitution exists not only to limit people in power but to
empower those who traditionally have been deprived of it.

Constitutions can give vulnerable people the power to achieve collective good.

Why do we need to study the framing of the Indian constitution by the

Constituent Assembly?

Students of politics should understand the goals and concerns of those who
established the Constitution, just as legal historians must trace the origins of
legal and political doctrines back in time.

Why is the study of constituent assembly relevant in Indian context and not
American?

In the context of the United States, the goals and standards have changed
considerably between the 18th and 21st centuries, and studying the
constitution's framing may not be very fruitful for political science students.

However, in India, the world of the original framers and the one we live in
today may not have altered nearly as dramatically. Understanding of the Indian
constitution's framing helps one's understanding of current constitutional
practice, as well as their importance and purpose.
What is the Political Philosophy of the Indian Constitution?

The Philosophy of the Indian Constitution cannot be described in one word. It

resists any single label because it is liberal, democratic, egalitarian, secular, and
federal, open to community values, sensitive to the needs of religious and
linguistic minorities as well as historically disadvantaged groups, and
committed to building a common national identity.

In short, it is committed to freedom, equality, social justice, and some form of

national unity. But underneath all this, there is a clear emphasis on peaceful and
democratic measures for putting this philosophy into practice.

The following highlight some of the important aspects of the Indian

constitution.
1. Individual freedom

An important point to note about the Constitution is its commitment to

individual freedom. It was the product of the continuous intellectual and
political activity of well over a century.

Freedom of Press

Ram Mohan Roy protested against the curtailment of the freedom of the press
by the British colonial state. Indians continued to demand a free press
throughout British rule. It is not surprising therefore that freedom of expression
is an integral part of the Indian Constitution.

Freedom from Arbitrary Protest

The infamous Rowlatt Act, which the national movement opposed so

vehemently, sought to deny this basic freedom.

Individual liberties, such as freedom of conscience are part of the liberal

ideology. On this premise, we might conclude that the Indian Constitution is
quite liberal.

2. Social Justice
Classical liberalism always privileges the rights of the individuals over demands
of social justice and community values.

The liberalism of the Indian Constitution differs from this version in two ways:

• First, it was always linked to social justice. The best example of

this is the provision for reservations for Scheduled Castes and
Scheduled Tribes in the Constitution. The makers of the
Constitution believed that the mere granting of the right to equality
was not enough to overcome age-old injustices suffered by these
groups or to give real meaning to their right to vote. Special
constitutional measures were required to advance their interests.

• Second, The Constitution also made it possible for the government

to reserve public sector jobs for these groups. The constitution-
makers also provided several special measures to protect the
interests of Scheduled Castes and Scheduled Tribes such as the
reservation of seats in legislatures.

3. Respect for Diversity and Minority Rights

The Indian Constitution encourages equal respect between communities. This

was not easy in our country because:

• First, the communities do not always have a relationship of

equality; they tend to have hierarchical relationships with one
another (as in the case of caste).
 • Second, when these communities do see each other as equals, they
also tend to become rivals (as in the case of religious
communities). It was important to ensure that no one community
systematically dominates others. This made it mandatory for our
Constitution to recognize community-based rights.

One such right is the right of religious communities to establish and run their
own educational institutions. Such institutions may receive money from the
government. This provision shows that the Indian Constitution does not see
religion merely as a private matter concerning the individual. Secularism:

4. Secularism

Secular states are widely seen as treating religion as only a private matter. That
is to say, they refuse to give religion public or official recognition. This is the
mainstream western conception of secularism and means the mutual exclusion
of state and religion in order to protect values such as individual freedom and
citizenship rights of individuals.

What does the term 'Mutual Exclusion' mean?

The term ‘mutual exclusion’ means that: both religion and state must stay away
from the internal mutual affairs of one another. The state must not intervene in
the domain of religion; religion likewise should not dictate state policy or
influence the conduct of the state.

In other words, mutual exclusion means that religion and state must be strictly
separated. To protect the religious freedom of individuals, therefore, the state
must not help religious organisations. But at the same time, the state should not
tell religious organisations how to manage their affairs.
This strict separation helps in safeguarding the freedom of individuals. States
which lend support to organised religions make them more powerful than they
already are.

Secularism in India

The term ‘secular’ was not initially mentioned; the Indian Constitution has
always been secular. The makers of the Constitution had to work out an
alternative conception of secularism. They departed from the western model in
two ways and for two different reasons.

i) Rights of Religious Groups

The framers of the Indian constitution realised that Intercommunity equality

was as necessary as equality between individuals. This was because a person’s
freedom and sense of self-respect was directly dependent upon the status of her
community allowing citizens to walk about with dignity, self-respect and
freedom.

The Indian Constitution grants rights to all religious communities such as the
right to establish and maintain their educational institutions. Freedom of
religion in India means the freedom of religion of both individuals and
communities.

ii) State’s Power of Intervention

The separation of religion in India does not mean 'mutual exclusion but
principled distance.'

This was necessary because religiously sanctioned customs such as

untouchability deprived individuals of the most basic dignity and self-respect
and for this reason, the state simply had to interfere in the affairs of religion.
This intervention is however not negative. It allows the state to be distant from
all religions so that it can intervene or abstain from interference, depending
upon which of these two would better promote liberty, equality and social
justice.

The state could also help religious communities by giving aid to educational
institutions run by them. The state may help or hinder religious communities
depending on which model of action promotes values such as freedom and
equality.

5. Universal Adult Franchise

In stable Western democracies, the right to vote has only been extended to
women and the working class post WWII.

In stable Western democracies, the right to vote has only been extended to
women and the working class post WWII. On the other hand, Indian
nationalism has always envisioned a political order founded on the will of every
single member of society. The concept of universal suffrage was firmly
embedded in the heart of nationalism. The following approaches can
substantiate this:

The author of the Constitution of India Bill (1895) - the first non-official
attempt at creating a constitution for India asserted that every citizen had the
right to participate in the affairs of the country and be admitted to public office.

The Motilal Nehru Report (1928) reinforces this view of citizenship, stating that
everybody over the age of twenty-one, regardless of gender, is eligible to vote
in the House of Representatives or Parliament.
6. Federalism

The essential concept of asymmetric federalism is foreshadowed in the Indian

Constitution. Despite the Indian Constitution's unitary tendency, there are
significant constitutionally embedded disparities in the legal status and
prerogatives of various sub-units within the same federation.

Politically, each major linguistic group is recognised, and all are treated equally.
As a result, India's democratic and linguistic federalism has been able to
reconcile calls to unity and cultural acknowledgment. There is a very strong
political arena that allows for the interaction of many identities that are
complementary to one another.

The Indian constitution's federalistic aspect can be shown in the following

example:

The North-Eastern State of Nagaland was granted special status under Article
371A of the Constitution. This article not only gives pre-existing laws in
Nagaland legal force, but it also safeguards native identity through immigration
limitations.

7. National Identity

Our Constitution fosters a shared national identity on a regular basis. The Indian
Constitution attempted to balance these multiple identities, recognising that a
shared national identity was not incompatible with distinct religious or linguistic
identities.
Separate electorates were rejected by the architects of the Indian constitution
not because they created religious differences per se or because they jeopardised
a basic sense of national unity, but because they jeopardised a healthy national
life.

Rather than imposing unity, our Constitution aimed to foster true brotherhood, a
goal dear to Dr. Ambedkar's heart. The essential goal, as Sardar Patel expressed
it, was to create "one community."

What are some procedural achievements of the Indian constitution?

1. Reinvents Liberal Individualism

Our Constitution reinforces and reinvents forms of liberal individualism. This is

an important achievement because this is done in the backdrop of a society
where community values are often indifferent or hostile to individual autonomy.

2. Upholds Social Justice without Compromising Individual Liberties

Our Constitution upholds the principle of social justice without compromising
on individual liberties. The constitutional commitment to caste-based
affirmative action programmes shows how much ahead India was compared to
other nations.

3. Commitment to Group Rights

Our Constitution upholds its commitment to group rights (the right to the
expression of cultural particularity). This indicates that the framers of the
Constitution were more than willing to face the challenges of what more than
four decades later has come to be known as multiculturalism.

4. Inclusive Approach - Universal Adult Franchise

The Indian Constitution reflects faith in political deliberation. We know that

many groups and interests were not adequately represented in the Constituent
Assembly. But the debates in the Assembly amply show that the makers of the
Constitution wanted to be as inclusive in their approach as possible.

This open-ended approach indicates the willingness of people to modify their

existing preferences, in short, to justify outcomes by reference not to self-
interest but reasons. It also shows a willingness to recognise the creative value
in difference and disagreement.

It reflects a spirit of compromise and accommodation. These words,

compromise and accommodation, should not always be seen with disapproval.
Not all compromises are bad.
What are some criticisms of the Indian constitution?

1. India's Constitution is Large

The first criticism is based on the assumption that the entire constitution of a
country must be found in one compact document.

In the case of India, many details, practices and statements are included in one
single document and this has made that document somewhat large in size. Many
countries, for instance, do not have provisions for the election commission or
the civil service commission in the document known as the constitution.

But in India, many such matters are attended to by the Constitutional document
itself.

2. Indian constitution is Unrepresentative

A second criticism of the Constitution is that it is unrepresentative. Here we

must distinguish two components of representation, one that might be called
voice and the other opinion.

The voice component of representation is important. People must be recognised

in their own language or voice, not in the language of the masters. The Indian
Constitution is indeed unrepresentative because members of the Constituent
Assembly were chosen by a restricted franchise, not by universal suffrage.
However, if we examine the other dimension, we may not find it altogether
lacking in representativeness. The claim that almost every shade of opinion was
represented in the Constituent Assembly may be a trifle exaggerated but may
have something to it.

If we read the debates that took place in the Constituent Assembly, a vast range
of issues and opinions that were mentioned are found, members raised matters
not only based on their individual social concerns but based on the perceived
interests and concerns of various social sections as well.

3. Indian constitution is extremely borrowed and thus alien

A final criticism alleges that the Indian Constitution is entirely an alien

document, borrowed article by article from western constitutions and sits
uneasily with the cultural ethos of the Indian people.

This criticism is often voiced by many, even in the 'Constituent Assembly

'itself, there were some voices that echoed this concern.
How is the Indian constitution selective adaptation and not borrowing?

Embracing Modern Thinking

Indians have not only embraced but also made modern methods of thinking
their own. Westernisation became a form of protest for Indians against the filth
in their own culture.

From Rammohun Roy to Dalits, Indians have used British-imposed modern

laws to effect significant changes in their society.
The Evolution of a Hybrid Culture

When western modernity collided with native cultural systems, something like a
hybrid culture emerged, probably as a result of creative adaptation, with no
analogue in either western modernity or indigenous tradition.

As a result, when we drafted our Constitution, we tried to incorporate both

western and traditional Indian principles. Rather than borrowing, it was a
process of selective adaptation.

What are the limitations of the Constitution?

There are certain limitations fn the Indian Constitution such as :

1. India has a centralised Idea of national unity.

2. It appears to have glossed over some important issues of gender, justice,
particularly within the family.
3. It is also not clear why in a poor developing country, certain basic socio-
economic rights were relegated to the section on Directive Principles rather than
made an integral feature of our fundamental rights.

NCERT QUESTIONS

Why is it said that the making of the Indian Constitution was

unrepresentative? Does that make the Constitution unrepresentative? Give
reasons for your answer.
It said that the making of the Indian Constitution was unrepresentative because
the members of the Constituent assembly were chosen by a restricted franchise
and not by universal suffrage.
It does not make the Constitution unrepresentative because it contains the
aspirations and voice of every section of the nation. We can sum up the making
of the Constitution as follows:
1. The Constitution of India was framed in November 1946 through
indirect election of its members by provincial legislatures under the
provisions of Cabinet Mission Plan 1946.
2. The Assembly consisted of 389 members out of whom 292 were to
be elected from the provinces, 93 were to be nominated from
princely states and four members were to be nominated from Chief
Commissioner’s areas.
3. Each provincial Assembly elected its own members through single
transferable vote system.
4. Due to declaration of partition in June 1947 under Mount batten
Plan, this membership reduced to 299 and finally 28 4 members
signed on the constitution on 26 November, 1949.
5. On August 15, 1947, the Constituent Assembly functioned as a
sovereign entity but it is considered unrepresentative because its
members were chosen by restricted franchise in place of universal
suffrage.
6. But Constituent Assembly included the members from each and
every section of society to be represented and on a thorough
reading and no section is untouched on the various issues and
opinions.

Do you agree with the statement that “it is not clear why in a poor developing
country, certain basic socio-economic rights were relegated to the section on
Directive Principles rather than made an integral feature of our Fundamental
Rights”? Give reasons for your answer. What do you think are the possible
reasons for putting socio-economic rights in the section on Directive Principles?

Yes, it is correct that the socio-economic rights were relegated to the section on
Directive Principles rather than made an integral feature of our Fundamental
Rights. A country like India which is developing and 50% of the population is
underprivileged and are devoid of basic amenities; hence it becomes necessary
for the government to fulfill the possible Human resources. It is essential that the
socio-economic conditions are met, and all groups have equal opportunities.
The possible reasons for including these socio-economic rights under Directive
principles are:
 o As India was a newly formed country, it was difficult to build up
massive resources and fulfill the human development.
o Making Socio Economic Rights as the Fundamental Rights would
have put a burden on the government.
o Several policies and norms were already made with planned
development for the upliftment of the society.

One of the limitations of the Constitution of India is that it does not adequately
attend to gender justice. What evidence can you give to substantiate this charge?
If you were writing the Constitution today, what provisions would you
recommend for remedying this limitation?
One of the limitations of the Constitution of India is that it does not adequately
attend to gender justice. It is true that there are inadequate provisions for gender
justice in the Constitution. Though it is a fundamental right of every citizen to be
treated equally but there is no specification of the basis of gender but specification
is made on religion, caste and class.
1. Women are not given equal rights with men regarding family
property and children.
2. Equal pay for equal work for both men and women is not mention
the chapter of Fundamental Rights
3. Citizens cannot be exploited or discriminated on the basis of their
caste, class, language and religion but there is no mention of
gender.
4. Respect for women has been confined to the directive principles
and women’s rights are not specified so that they can be interpreted
and defended by the judiciary.
5. The status of women within family has also been ignored in the
Constitution. Thus, it makes no special privileges for almost half of
the population while there are provisions for affirmative action for
other socially backward groups and minorities.

Provisions for women:

o Freedom of conscience and profession irrespective of the gender of
the citizen
o Right to liberty and personal freedoms especially speech and
expression irrespective of the gender of the citizen
o Move freely and safely throughout the territory of India
o Right to life and liberty
o Minimum age of marriage: 21 years for both males and females
o Making education is must for girl child
o Curbing practices like female infanticide and feticide with harsh
punishment for either
o Protection from domestic violence
o Protection from any kind of sexual harassment.
 CHAPTER 1 POLITICAL THEORY: AN INTRODUCTION

• Political theory has been made one of the sub fields with the rise of
political science as a subject.
• Political theory is the study of the state from the philosophical and
empirical point of view.
• Political theory manages an understanding between the persons and
the state and sort out the ways to improve the shortcomings.
• A political theory can be referred to as a combination of thoughts,
philosophies and sciences or arts.
• Politics is referred to struggle for power to maintain relationship
between power and authority which is a desire of an act of will.
• Political theory deals with how the present has come and on what
assumptions, it may stay and in future, what it will lead.
• India is a free country where issues concerning freedom, equality
and democracy arise from time to time and implemented also by the
intervention of the state.
• As freedom has been guaranteed by the constitution, still many
discriminatory issues are raised and encountered with the
interpretations of the state.
• Along with the changes in time and periods, people’s aspirations
and needs are also changed and new dimensions are discovered as
well.
• Political theories debate and examine the diverse meaning and
opinions in a systematic manner and easily to be understood by the
ordinary peoples.

Political theory analyses the basic questions like; How a country must be
organised, why do we need a government or what do we owe to each other as
citizens.
What is Political Theory?
Political theory is concerned with the ideas and principles that systematically
shape the constitution, governments, and social life. Certain values and
principles, such as democracy, freedom, and equality, have inspired people and
guided policies.
The origins of these values and words need to be understood rationally and
political theory helps us in that respect. Political theory explains what freedom,
equality, justice, democracy, secularism, and other concepts mean.

Why do we study Political Theory

Different countries, such as America and India have tried to protect their
fundamental values by enshrining them in their constitutions. The values such
as equality, freedom, dignity, justice, peace etc have been influenced by the
ideas of philosophers such as Kautilya, Aristotle, Jean Jacques Rousseau, John
Locke, Karl Marx among other prominent ones.

Although Rousseau, Marx, and Gandhi were not politicians, their ideas
influenced generations of politicians around the world. It thus becomes
necessary that we have a sound understanding of these political terms.

Political theorists study the foundations of modern polity and also consider our
current political experiences to identify trends and future possibilities.
Who influenced the values of the Indian constitution?
The constitution of India is based on ideas and principles that have been debated
since the time of Kautilya. Political thinkers and activists such as MK Gandhi,
B.R. Ambedkar has shaped the pillars of the Indian constitution.

Relevance of Political Theories in India

India is free and independent, but questions regarding freedom and equality
have not ceased to crop up. We can broadly find the relevance of modern
political thought in India as it concerns with the following:
• Firstly, the issues concerning freedom, equality and democracy
arise in many areas of social life and they are being implemented in
different sectors at different phases. E.g: Equality may exist in the
 political sphere in the form of equal rights but it may not exist to
the same extent in the social and economic spheres.
• Secondly, though freedom is guaranteed in our Constitution, we
encounter new interpretations all the time. E.g: The right to life has
been interpreted by the courts to include the right to livelihood.
The Right to information has been granted to a new law. The
fundamental rights guaranteed by our Constitution have been
amended and expanded over time through judicial interpretations
and government policies which are designed to address new
problems.
• Thirdly, as our world changes, we may discover new dimensions
of freedom as well as new threats to freedom. E.g: global
communications technology is making it easier for activists to
network with one another across the world for protecting tribal
cultures or forests. But it also enables terrorists and criminals to
network. As a result, questions are raised regarding how much
freedom should be given to people using the net.

Putting Political Theory To Practice

The only aspect focused on the political theory is that which deals with the
origins, meanings and significance of the political ideas that we are familiar
with such as freedom, equality, citizenship, justice, development, nationalism
and secularism. Various political theorists have provided diverse definitions of
freedom or equality and you may find the distinct definition of equality or
freedom or justice.
Political theorists clarify the meaning of political concepts by looking at how
they are understood and used in ordinary language. They also debate and
examine the diverse meanings and opinions in a systematic manner.
This is because terms like equality concern our relationships with other human
beings rather than with things. Human beings, unlike things, have opinions on
issues like equality.
Example: People often jump the queue in shops or doctor’s waiting rooms or
government offices. Some people cannot have access to these shops and other
goods and services because of monetary constraints.

Thus, our idea of equality is quite complex, also the reason behind the many
definitions is because the meaning of equality is dependent on the context.

Why should we study Political Theory?

• Firstly, political theory is relevant for all the above target groups.
As high school students, we may choose one of the above
professions in the future and so indirectly it is relevant for us even
now.
• Secondly, we are all going to be citizens entitled to vote and decide
other issues. To act responsibly, it is helpful to have a basic
knowledge of the political ideas and institutions that shape the
world we live in.
• Thirdly, freedom, equality and secularism are not abstract issues in
our lives. We daily encounter discrimination of various sorts in
families, schools, colleges, shopping malls and so on. Political
theory encourages us to examine our ideas and feelings about
political things.

Political theory exposes us to systematic thinking on justice or equality so that

we can polish our opinions and argue in an informed manner and for the sake of
common interests.
 NCERT QUESTIONS

Politics is more than what politicians do. Do you agree with this statement?
Give examples.

I agree with the statement that politics is more than what politicians do as:
o Politicians as a part of government are involved in politics but
politics is not limited to their activities.
o Politics involve a number of negotiations that go on in society
through which collective decisions are made.
o Politics involve the actions of government and its relation to the
aspirations of the people.
o Politics involve the struggle of people and its influence on decision
making.
o People are engaged in political activity to promote social
development and resolve common social problems.
o People negotiate with each other and participate in collective
activities that are designed to promote social development and
resolve common problems.

For example, residents of localities form associations to solve their common

problems and raise these issues at higher level.
Students form unions in colleges and universities to debate and resolve issues that
affect the majority of them.
Thus, politics is involved in the sphere of life that is related to power, collective
decision-making and solving common problems etc.

Vigilant citizens are a must for the successful working of a democracy.

Comment.

Vigilant citizens are the one who are aware of the societal problems and raise
their voice to redress the issues of common people. These citizens are a must for
the successful working of a democracy.
1. Vigilant citizens are the ones who create awareness among the
masses for their rights and the government policies that affect their
day to day life.
 2. The awareness and voices raised due to the awareness lead to
discussion at the governmental platform.
3. They force the government to make policies for the goodwill of
humans and work up against the same if it hampers the rights of
common people.
Therefore, vigilant citizens unofficially check the accountability of
the government policies and action, and hence they are must for a
democratic nation.

In what ways is the study of political theory useful for us? Identify four
ways in which political theory can be useful to us?

Political theory is useful to us as it helps us to understand the meaning of political

concepts by looking at the way they are understood and used in ordinary
language. Political theories debate and examine the different meanings and
opinions from diverse contexts in a systematic manner.
The four ways in which the political theory can be useful to us, are:
1. It helps in understanding how the constitutions of the country are
shaped in a definite manner, how governments and social lives are
arranged in a systematic manner by studying and understanding the
ideas and principles that are at their base.
2. It shows the implication of various principles such as rule of law,
separation of power, judicial review etc.
3. It helps the bureaucrats, politicians, government officers and
advocates to infer the laws and constitution. It also helps in
understanding the problems of society and look at the different
ways to solve them.
4. It encourages the individuals to examine their ideas and feelings
about political things so that they can become reasonable in their
ideas and feelings.

Do you think that a good/convincing argument can compel others to listen to

you?

Yes, I agree that a good argument can compel others to listen. The knowledge of
political theory help one to think reasonably and provide authentic logic with the
help of factors like freedom, justice and equality.
This makes the argument an informed one and makes others to listen because:
o Everyone who is rationale always takes interest in debates,
conversation or interactions to reach at a better decision
 o Every individual is impressed with the logic and rational points to
be convinced upon.
o In a positive way, if I make the efforts to convince others, they will
listen to me very carefully.
o In a discussion or debate, even people contribute to make their
doubts clear and get convinced. So, good and convincing
arguments can compel others to listen us.

Do you think studying political theory is like studying mathematics? Give

reasons for your answers.
Studying political theory is not like studying mathematics as mathematics deals
with precise concepts and patterns while political theory studies human beings
and their ideas in the context of power and decision-making. In mathematics,
there are single definitions of terms.
Studying political theory is not like studying mathematics because:
1. Unlike mathematics, political theory has many definitions and
meaning of a term. Example in Mathematics the meaning of
square, triangle is one that they are solid figure, but in the later
there could be several meanings of the term freedom, equality etc.
2. Mathematics is the study of precise contexts and patterns whereas
Political theory is the study of human beings and their ideas.
3. The concept in mathematics is derived and constant whereas in
political theory concepts are variance and open.
 CHAPTER 2 FREEDOM

• Freedom is a liberty to do whatever a person likes to do or a positive

power of doing and enjoying the worth of work.
• Freedom has the two aspects, i.e. positive and negative.
• Positive freedom refers to those rights which do not reach any harm
to others if enjoyed as well essential for an individual’s
development.
• Negative freedom implies the absence of any restraints on freedom.
 • Freedom can be classified as natural freedom, civil freedom,
political freedom, economic freedom, religious freedom, individual
freedom, etc.
• Various safeguards have been provided for freedom, i.e. democratic
setup, equal rights for all, economic security constitutional
provisions, etc.
• Freedom of expression require non-interference or should not be
restricted because it is a fundamental value to be possessed by the
people.
• Though, a number of times, the demands have been raised to ban
books, films, articles, journals, etc.
• Banning is an easy solution for the short term to meet the immediate
demand but it is very harmful for long term prospects of freedom in
a society.
• Because once one begins to ban, then one develops a habit of
banning. Constraints of different kinds thus exist and we are subject
to them in different situations.

Long Walk to Freedom - By Nelson Mandela

It is an autobiography by former South African President Nelson Mandela.
In this book, he talks about his personal struggle against the apartheid regime in
South Africa, about the resistance of his people to the segregationist policies of
the white regime, the humiliations, hardships and police brutalities suffered by
the black people of South Africa.
For this freedom, Mandela spent twenty-eight years of his life in jail, often in
solitary confinement.
Freedom from Fear - By Aung San Suu Kyi
Freedom from the Fear book is written by Aung San Suu Kyi. She was
separated from her children, unable to visit her husband when he was dying of
cancer because she feared that if she left Myanmar to visit him in England she
would not be able to return.
For Aung San Suu Kyi, living a ‘dignified human life’ requires us to be able to
overcome such fear.

“For me, real freedom is freedom from fear and unless you can live free from
fear you cannot live a dignified human life”. ~Aung San Suu Ky

What is Freedom?
Freedom is said to exist when external constraints on the individual are absent
and when people can develop their creativity and capabilities to their fullest
potential.

Dimensions of Freedom

Freedom has both negative and a positive dimensions depending upon the
constraints and capabilities of an individual:
• Negative Dimension: Freedom is said to exist when external
constraints on the individual are absent.
• Positive Dimension: Freedom in this sense is the condition in
which people can develop their creativity and capabilities.

A free society would be one that enables all its members to develop their
potential with the minimum of social constraints.

Should there be restrictions on Freedom?

No individual living in society can hope to enjoy the total absence of any kind
of constraints or restrictions. We cannot live in a world where there are no
constraints.
Some constraints are required to regulate the society in a decent manner as no
constraints would lead society to descend into chaos.
So long as we are able to respect each other’s views and do not attempt to
impose our views on others we may be able to live freely and with minimum
constraints. We need some legal and political restraints to ensure that
differences may be discussed and debated without one group coercively
imposing its views on the other.

Could there be a free society without any constraints?

In a free society, we should be able to hold our views, develop our own rules of
living, and pursue our choices.
The creation of such a society requires some constraints. At the very least, it
requires that we be willing to respect differences of views, opinions and beliefs.

Sources of Constraints

Restrictions on the freedom of individuals may come from domination and

external controls.
Constraints on freedom can also result from social inequality of the kind
implicit in the caste system such restrictions may be imposed by force or they
may be imposed by a government through laws that embody the power of the
rulers over the people and which may have the backing of force.

Why is democratic government considered better for freedom?

In a democratic government, the members of a state could retain some control

over their rulers. That is why the democratic government is considered to be an
important means of protecting the freedom of people.

Why is freedom considered valuable?

Freedom is considered valuable because it allows us to make choices and to

exercise our judgement. It permits the exercise of the individual’s powers of
reason and judgement.

Swaraj: The Self Rule

What was Mahatma Gandhi's lookout on Swaraj?
For Gandhi, Swaraj was the same as freedom. He said that swaraj does not only
mean freedom from British rule and making India independent, but it has other
aspects too. swa’ means self and ‘raj’ means rule. So there needs to be self-rule.
It meant the rule of the self and rule over self:
• Rule of self means that India needs to be ruled by its own people.

• Rule over self means that every individual should live with respect
and dignity.

Poverty and unemployment should be eliminated so that people can earn a

living in a respectful manner and have access to a minimum standard of living.
Rather than being forced to work, he/she should have self-responsibility for
his/her work.

Mahatma Gandhi’s lookout at freedom:

• Economic freedom means the removal of poverty and having
employment.
• Social freedom is where people from different castes and religions
are not discriminated against and everybody is treated equally.
• Cultural freedom where all religions and cultures are equally
respected.

What

constraints are justifiable? - J.S. Mill’s Harm Principle

“. .the sole end for which mankind is warranted, individually or collectively, in

interfering with the liberty of action of any of their number, is self-protection.
That the only purpose for which power can be rightfully exercised over any
member of a civilised community, against his will, is to prevent harm to others.
”- JS Mill

• Self-regarding’ actions: Those actions that have consequences only

for the individual actor and nobody else
• Other - Regarding actions: Those actions that also have
consequences for others. If your actions cause anyone else harm
then they must be saved from such harm by some external
authority. In this case, it is the state which can constrain a person
from acting in a way that causes harm to someone else.
When should freedom be restricted?

Only in exceptional circumstances should it be restricted. The damage must be

severe. Mill prefers social disapproval to legal punishment for minor
infractions. They should not contact the authorities. To show their disapproval,
they should refuse to greet the person.
Different lifestyles, viewpoints, and interests should be tolerated as long as they
do not harm others. Hate campaigns endanger the freedom of others, and actions
that cause "serious harm" can be punished. However, we must ensure that the
restrictions imposed do not suffocate freedom.
In Indian constitutional debates, the term "reasonable restrictions" is used. If the
restrictions are excessive or out of proportion to the action that is being
restricted, they will infringe on society's overall freedom.
We must not become accustomed to imposing restrictions, as this is harmful to
freedom.

Negative and Positive Liberty

Freedom has two dimensions: Freedom as the absence of external constraints,
and freedom as the expansion of opportunities to express oneself. In political
theory, these have been called negative and positive liberty.
Negative Liberty: ‘Negative liberty’ seeks to define and defend an area in which
the individual would be inviolable, in which he or she could ‘do, be or become’
whatever he or she wished to ‘do, be or become’.
This connotes to the idea of ‘freedom from’
This is an area in which no external authority can interfere. It is a minimum area
that is sacred and in which whatever the individual does, is not to be interfered
with. Negative liberty tradition argues for an inviolable area of non-interference
in which the individual can express himself or herself.

Positive and Negative Liberty

The arguments of positive liberty are concerned with explaining the idea of
‘freedom to’.
It is concerned with improving the conditions and nature of the individual-
society relationship so that the development of the individual personality is less
constrained. To develop one's potential, one must have favourable material,
political, and social conditions.
Positive liberty recognises that freedom is only possible within society and
strives to create a society that fosters individual growth.
Contrary to this, negative liberty is concerned with the inviolable zone of non-
interference, not with the conditions in society. In general, they support each
other, but tyrants may use positive liberty arguments to justify their rule.

Freedom of Expression
Voltaire’s statement — ‘I disapprove of what you say but I will defend to the
death your right to say it’.
What is Freedom of Expression?
Freedom of expression is a fundamental value and for that society must be
willing to bear some inconvenience to protect it from people who want to
restrict it. It is considered to belong to the minimum area of ‘non-interference

The book Ramayana Retold by Aubrey Menon and The Satanic Verses by
Salman Rushdie was banned after protests from some sections of society.
Banning is an easy solution for the short term since it meets the immediate
demand but is very harmful to the long-term prospects of freedom in society
because once one begins to ban then one develops a habit of banning.
Constraints of different kinds thus exist and we are subject to them in different
situations.
If we willingly, or for the sake of pursuing our goals or ambitions, accept
certain restrictions, our freedom is not limited.
While reflecting on such situations we need to realise that when constraints are
backed by organised social-religious or cultural authority or by the might of the
state, they restrict our freedom in ways that are difficult to fight against.
Four reasons were given by Mill for protecting freedom of speech and
expression
1. No idea is completely false. What appears as false has some element of truth.
2. Truth does not emerge by itself. It is only through debates and discussion that
truth emerges.
3. The conflict of ideas is important not only for the past but for the present and
future also. only when the truth is exposed to constant criticism, it (truth) then
becomes trustworthy.
4. We cannot be sure what we considered true is actually true. ideas which were
true at one point in time are false at another point in time.

NCERT QUESTIONS

What is meant by freedom? Is there a relationship between freedom for the

individual and freedom for the nation?

Freedom means to do all those things which do not harm others and, are necessary
for a person’s own development. There is a close relationship between the
freedom for individual and for the nation because if a nation is free, every
individual of it, will be free to increase their creativities and capabilities. So,
Freedom is:
o A situation that limits the constraints on individuals and allows
them to expand their ability and reach their potential.
o Allows the full development of an individual’s creativity,
sensibility, capabilities and the autonomy to make choices.
o Permits the individuals to exercise their power of reason and
judgment

Yes, there is a relationship between freedom for the individual and freedom for
the nation:
1. A free nation is the one which allows the full development of
individual’s talent and ability by making less restriction on
individuals.
2. An individual is said to be free only if s/he resides in a free nation.
3. A nation is said to be free if it has freedom as one of its principles
and only if it has provided this to its people.
4. In this way, individual freedom and national freedom are closely
linked to each other.
What is the difference between the negative and positive conception of
liberty?

Negative liberty Positive liberty

It defines and defends the area of an It defines the area of society where an
individual’s life where no external individual is free with some constraints
authority is allowed to interfere. made by the society and the government.
It is not concerned with the It is concerned with the enabling
conditions of the society. conditions of the society.
It is concerned with the idea of It is concerned with the idea of ‘freedom
‘freedom from’. to’.
This area comes into personal This area comes into social domain of an
domain of an individual. individual.
More positive liberty checks excess of
More negative liberty leads to more
freedom to an individual, which could be
freedom.
an obstacle for the social stability.

What is meant by social constraints? Are constraints of any kind necessary

for enjoying freedom?

Social Constraints are the external controls made by the society upon the
individual.
The government is the part of society, hence it is assigned with the task to put
limitation on the freedom of the citizens. Constraints on freedom are also a result
of social inequality. Social constraints can include formal practices such as
government regulations or informal norms including cultural preferences.
Recently, material related to social constraints has been implemented in the
course to strengthen the incorporation of social constraints into the design and
implementation process.
Yes, Constraints are necessary for enjoying the freedom:
1. Constraints are necessary to to develop respect for the views of others.
2. It is necessary to create an equal society.
3. Absence of constraints would lead to imposition of beliefs on others and give
rise to conflicts. In order to show that freedom is measurable, one must show that
the different kinds of constraint on freedom (physical impossibility, threats,
difficulty) can be combined so as to provide overall freedom judgments.
Example: In Indian constitution, right to practice religious affair is a
Fundamental Right and government would not intervene into, but if the practice
restricts other people from following their beliefs then the government would
interfere into it.

What is the role of the state in upholding freedom of its citizens?

The state upholds the freedom of its citizens by providing certain rights to them.
The state maintains ‘justifiable constraints’ or reasonable restrictions on people
so that they cannot harm others and their freedom. It provides positive liberty to
its citizens to enable them to expand their ability and talent.
1. Freedom of citizens of the state decides the scope of freedom, i.e.
freedom of citizens depends on the will of rulers in a monarchy,
democratic state grants fundamental right to the citizens.
2. A state is controlled by the government because, whatever the
government does, it affect, the freedom of citizens and if any
conflict becomes violent, it hinders the day-to-day life of state.
3. If state is unable to manage army and police, it disrupts the law and
order of the country.
4. A welfare state always initiates to protect the freedom of backward
people along its all citizens.
What is meant by freedom of expression? What in your view would be a
reasonable restriction on this freedom? Give examples.
Freedom of expression means the freedom to express one’s views through speech,
writing, etc. It is considered to belong to the minimum area of ‘non-interference’,
that is, negative liberty. According to the provisions of the Indian Constitution,
this is a fundamental right.
But sometimes society has to bear some hassles that are caused by freedom of
speech to protect it from people who want to restrict it. Society cannot restrict
people from expressing themselves freely whether it agrees with their views or
not.
A reasonable restriction of freedom of expression is one that allows society to
function smoothly and curbs interference in privacy. These restrictions are
reasonable as they are essential to run the society smoothly. Reasonable
restriction on this freedom thus:
o Should be made such that it does not hinder functioning of society.

o These restrictions are necessary and reasonable as they are

necessary for the society to run.
Following are some reasonable restrictions on freedom of speech:
1. Freedom of speech cannot interfere in someone’s privacy.
2. Employees of Royal household of England are constrained by
contract from disclosing any inner affairs of the royal household.
3. Another example of putting restriction on freedom of speech is of
film censor board. Censor board of films ban some portion of film
to prevent adverse effect on society or disturbance of peace.
 CHAPTER 3 EQUALITY

• Equality refers that all human beings are equal in all aspects because
they are equal by birth as a human being. And everybody should be
equally educated, wealthy, and equal status in the society.
• But this is a negative aspect of equality because every person cannot
be equal in all the spheres as human beings are created even equal
by God.
• The human beings differ from each other in intelligence, height and
physique also.
• Positive aspects of equality refers to give adequate opportunities to
develop one’s own potentialities and to abolish special privileges to
be given to some sections of society.
• Equality can be classified as natural, social, civil, economic and
political.
• Article 14 of the constitution of India guarantees equality to all the
citizens before law and equal protection within India.
• Freedom and equality are closely interrelated with each other and
work as a basis of democratic set up.
• Equality refers to be eligible to enjoy various opportunities provided
by the state.
• Some inequalities existing in country are:
o Disparity of income
o Gender inequality is society
o Existing slums
o Inequality among educational institutions.

What is Equality?
The concept of equality invokes the idea that all human beings have an equal
worth regardless of their colour, gender, race, or nationality.
It maintains that human beings deserve equal consideration and respect because
of their common humanity. The demand for equality has been raised across the
world and has impacted the way the present-day politics are organised. It
continues to be raised by struggling groups such as women or Dalits who feel
marginalised in our society.
Paradox of Equality
The idea of equality is being accepted by everyone yet everywhere we
encounter inequality. It is most visible around us in the world as well as within
our own society.
There are glaring differences between what the law promises and what we see
around us.
 The Concept of Equality
The term “equality” refers to the idea that all people are created equal and
should be entitled to the same treatment and income. The term “equality for all”
is widely held to be self-evident, but this is not the case in practice. Treating
people with equal respect does not always imply treating them the same way.
The smooth operation of society necessitates the division of labour and
functions, and people often benefit from different statuses and rewards as a
result.
Professor Laski has very aptly remarked in this connection:
“Equality does not mean the identity of treatment or the sameness of reward. If
a bricklayer gets the same reward as a mathematician or a scientist, the
purpose of society will be defeated. Equality, therefore, means, first of all, the
absence of social privilege.

In the second place, it means that adequate opportunities are laid open to all”.

Why Equality is considered a levelling process?

The idea of equality has insisted that all citizens are politically equal, that all
citizens are equally entitled to participate in political life, to exercise their right
to vote and to run for and hold office.
Individuals should be treated equally before the law, and when the general law
confers rights or imposes duties, those rights and duties should apply to all; or,
conversely, special privileges should not be granted to specific individuals or
groups.”

Types Of Equality
There are the following kinds of equality:

• Social Equality.
• Civil Equality
• Political Equality
• Economic Equality
• Equality of Opportunity and Education
What is Social Equality?
The term “social equality” refers to the fact that everyone in society has the
same status and no one is entitled to special treatment.
All castes, creeds, races, groups and classes, clans, and tribes should be treated
equally. Everyone should have the same opportunity to grow as a person. In
India, all citizens are treated equally. Untouchability has been abolished, and it
is now illegal to practise it.
Although the United States had previously practised racial discrimination,
Johnson I was successful in passing a bill in Congress that established social
equality (Ex-president). South Africa’s racial discrimination policy is still in
place.
The United Nations Organisation (UNO) issued a charter of human rights on
December 10, 1948, emphasising social equality. However, according to
“Amnesty International,” a number of countries have violated these rights in the
past.

What is Civil Equality?

The concept of civil liberty entails that all citizens have the same civil liberties
and civil rights. All people should be treated equally under the law. Superiors
and inferiors, rich and poor, caste and creed, colour and race, clans and tribes,
groups and classes should all be treated equally.

In England, the rule of law is in effect, and everyone is equal in the eyes of the
law. The rule of law ensures that everyone is treated equally. India is in a
similar situation.
What is Political Equality?
Political equality refers to everyone having equal access to political power. All
citizens should have the same political rights, have a similar voice in the
government’s operations, and have equal opportunities to actively participate in
the country’s political life and affairs.
It ensures that all citizens have access to similar political rights.

Universal Adult Franchise

In India, Universal Adult Suffrage has been implemented. The United
Kingdom, the Soviet Union, the United States of America, France, and a
number of other countries have made similar provisions.
Switzerland had previously granted women the right to vote in February 1971.
There are many countries in Asia and Africa where political equality has yet to
be established.

What is Economic Equality?

It refers to the provision of equal opportunities to all people so that they can
advance economically. The terms ‘economic equality and ‘political equality are
often used interchangeably.
Professor Laski explains why economic equality is so important: “Political
equality is never real unless it is accompanied by virtual economic liberty;
otherwise, political power is destined to be the handmaid of economic power.”
Economic equality, according to Lord Bryce, is “the attempt to eliminate all
differences in wealth by allocating an equal share of worldly goods to every
man and woman.”
This idea of economic equality will never be realised in real-life politics.

Equality of Opportunity and Education

Equality of opportunity and education requires the government to provide equal
and comparable opportunities to all citizens. Everyone should have access to the
same level of education. They should have the same opportunities to grow as
individuals. Discrimination of any kind, whether racial or otherwise, should be
avoided.
Caste and creed, race and colour, and wealth and poverty should all be treated
equally. Everyone in India is given the same opportunities and has equal access
to educational opportunities.
Entrenched inequalities, or those that have remained relatively unchanged over
generations, are more dangerous to society. If certain social classes accumulate
significant wealth and the power that comes with it over generations, society
will be divided into those who have remained poor and those who have
accumulated significant wealth.

Political Philosophies

What is Feminism?
Feminism is a political philosophy that advocates for equal rights for men and
women. Feminists are men and women who believe that many of the
inequalities between men and women that we see in society aren’t natural or
necessary and that they can be changed so that both men and women can live
lives that are free and equal.
Patriarchy, according to feminists, is the cause of social inequality between men
and women. Feminists challenge this way of thinking by distinguishing between
“sex,” which refers to the biological difference between men and women, and
“gender,” which refers to the various roles that men and women play in society.
Feminists call this distinction into question, pointing out that most women are
also involved in the “public” domain. That is, while the majority of women
around the world work outside the home, they continue to be solely responsible
for household chores.

What is Marxism?

Marx was a significant nineteenth-century thinker who argued that private

ownership of important economic resources such as oil, land, and forests, as
well as other forms of property, was the root cause of entrenched inequality. He
emphasised that private ownership not only made the owners wealthy but also
gave them political power.
They can influence state policies and laws with such power, which could pose a
threat to democratic government. As a result, in order to address inequality in
society, we must go beyond equal opportunity and attempt to ensure public
control over essential resources and forms of property.

What is Socialism?
The term “socialism” refers to a set of political ideas that arose in response to
inequalities that existed in and were reproduced by the industrial capitalist
economy. Socialism’s main concern is how to reduce existing inequalities and
fairly distribute resources.
Although supporters of socialism are not completely opposed to capitalism, they
do favour government regulation, planning, and control over key areas such as
education and health care.

Ram Manohar Lohia: Proponent of Socialism in India

He identified five kinds of inequalities that need to be fought against
simultaneously: inequality between man and woman, inequality based on skin
colour, caste-based inequality, colonial rule of some countries over others, and,
of course, economic inequality.
Sapta Kranti: He did not speak of revolution in the singular. For him, the
struggle against these five inequalities constituted five revolutions. He added
two more revolutions to this list: a revolution for civil liberties against unjust
encroachments on private life and a revolution for non-violence, for
renunciation of weapons in favour of Satyagraha.

These were the seven revolutions or Sapta Kranti which for Lohia was the ideal
of socialism.

What is Liberalism?
Liberals uphold the principle of competition as the most efficient and fair way
of distributing resources and rewards in society. Competition between people in
free and fair conditions is the most efficient way of distributing rewards in
society.
For them, as long as competition is open and free, inequalities are unlikely to
become entrenched and people will get a due reward for their talents and efforts.
For liberals, the principle of competition is the most efficient way of selecting
candidates for jobs or admission to educational institutions
How Can We Promote Equality?
Equality can be promoted by the following:

• Establishing Formal Equality

• Equality through Differential Treatment
• Affirmative Actions
Establishing Formal Equality
Inequalities have been protected all over the world by customs and legal
systems that prevent certain segments of society from benefiting from certain
opportunities and rewards. To achieve equality, all such restrictions or
privileges must be removed.
Because many of these systems are sanctioned by law, equality necessitates the
government and the law of the land ceasing to protect these inequalities.
Discrimination on the basis of religion, race, caste, sex, or place of birth is
prohibited by the Constitution. Untouchability is also prohibited by our
Constitution.

Equality Through Differential Treatment

In order for people to have equal rights, it is sometimes necessary to treat them
differently. For this reason, certain individual differences may need to be
considered. Affirmative action policies have been used in some countries to
improve equality of opportunity.
In our country, we have relied on a reservation policy.

Affirmative Action
Equal opportunity and education mean that the government should provide
equal and comparable opportunities to all citizens. Everyone should have the
same opportunity to receive an education. Individually, they should be given the
same opportunities to grow. Discrimination of any kind, whether racial or not,
should be avoided at all costs.

Caste and creed, race and colour, and wealth and poverty should all be
considered equal. Everyone in India is given the same opportunities and has
equal access to education.

Inequalities that have remained relatively unchanged over generations are more
vulnerable in society.

If certain social classes have accumulated significant wealth and the power that
comes with it over generations, society will be divided into those who have
remained poor and those who have accumulated significant wealth.
 NCERT QUESTIONS

Some people argue that inequality is natural while others maintain that it is
equality which is natural and the inequalities which we notice around us are
created by society. Which view do you support? Give reasons.

Both of the view differs from the idea of equality. Some says it’s natural while
others claim it to be a creation of the society.
Equality means being equal or having the same value. It is the equal treatment of
people irrespective of their social, cultural or economic differences without any
sense of.
There is a difference between inequality and equality.
Inequality is the result of unequal opportunities in the society and exploitation by
the dominant. Natural inequalities are the different capability, talents and
physical- emotional skills.
Different social situations and opportunity provides a field to these individual to
develop their interest and talents. There are different roles assigned to people for
a balanced and smooth running of the society but these are sometimes decided
and influenced by the society on the basis for race, gender, caste, class, language
etc. which creates stereotype and inequality.

Natural inequalities:

1. These inequalities emerge due to differences in personal traits either physical,

or mental or emotional.
2. These inequalities are the result of different characteristics and abilities of
inborn qualities of a man.
3. These natural differences cannot be changed also.

Social inequalities:
1. Socially produced inequalities are emerged as a result of unequal
opportunities, i.e. family background, educational factors, etc.
2. Social differences reflect the values of society, which may appear
to be unjust.
To conclude we can say that:
o The discrimination’s based on gender, color, race, etc. have been
made by society rather than based on inborn characteristics.
 o Some natural differences have become alterable also, i.e. progress
in medical sciences and technology has helped to several disabled
persons to work more efficiently.
o Certain inequalities have been existing for centuries seem justified,
and based on natural inequalities, i.e. women are considered
weaker than man in every aspect, hence to deny them equal rights
is considered the justifiable.

There is a view that absolute economic equality is neither possible nor

desirable. It is argued that the most a society can do is to try and reduce the
gaps between the richest and poorest members of society. Do you agree?

Economic equality refers to the availability of equal opportunities to all present

in the society, without any discrimination:
Absolute economic equality of income has never existed in society. But the
democratic set up tries to provide equal opportunities to at least those who are
capable and possess potential with equal opportunities, inequalities may exist
between individuals, but one’s position may be improved with the sincere efforts
in the society.
Economic inequalities:
1. Economic inequality exists if there are differences in the wealth, property or
income between the different sections of society.
2. It enhances the gap between the upper, middle, poor-rich and person who are
below poverty line.
Measurement of economic inequalities:
1. To guess the number of people who are living below poverty line.
2. To find out the differences between the rich and poor.
Importance of economic equality:
o Guarantees each and every individual equal opportunity to improve
one’s potential and capabilities.
o Reduces the gap between the rich and the poor or high or middle
class, etc.
Economic disparities can make society more violent because the
reforms cannot take place in such a society.
A government report on farmers’ problems says that small and marginal farmers
cannot get good prices from the market. It recommends that the government
should intervene to ensure a better price but only for small and marginal
farmers. Is this recommendation consistent with the principle of equality?

Yes, this recommendation is consistent on the basis of the principle of equality:

o A democratic country should have the provisions to protect the
interests of small and marginal farmers.
o The small and the marginal farmers can get assistance from
government for their betterment.
o The farmers (medium and small) can get social, economic and
political justice due to these arrangements.

In the welfare and socialist society, the interest and rights of marginal farmers
should be secured and promoted by the government so that they can have an
economically reasonable and balanced life and get full support by the
government. This will help the small marginalized farmers to get in a better
position in all spheres of the society, as they do not have access to sufficient
resources to sustain themselves during the off-season of their crops. Therefore,
they need return for their product they produce in the market.

Here are some arguments in favour of the right to vote for women. Which of
these are consistent with the idea of equality? Give reasons.
(a) Women are our mothers. We shall not disrespect our mothers by denying them
the right to vote.
(b) Decisions of the government affect women as well as men, therefore they also
should have a say in choosing the rulers.
(c) Not granting women the right to vote will cause disharmony in the family.
(d) Women constitute half of humanity. You cannot subjugate them for long by
denying them the right to vote.

Answer:
(a) This argument is not in consistent with the idea of equality because this has
an additional emotional direction of thoughts than being based on the principles
of equality.
(b) This argument is consistent with the idea of equality because government
decisions effects everyone thus in the process of decision making equal
representation of men and women should be there as women constitutes half of
the world’s population. Hence they have a right to choose their decision makers.
(c) This argument is not in consistent with the idea of equality because it is
leaning towards the disintegration and stress in the family rather by providing
equal opportunities to women to choose their desired representatives.
(d) This argument is consistent with the idea of equality because this argument is
based on rational thinking and indicates high time to let women make their own
decisions and provide them with equal rights. Men and women have equal
position in the society so equal importance and opportunity should be provided
to them.
 CHAPTER 4 SOCIAL JUSTICE

• Justice was associated with dharma in ancient society to be a

primary duty of a king.
• The Greek philosopher Plato interprets justice in his book ‘The
Republic’ as a life of people conforming to the rules of functional
specialization.
• Justice has been defined in a various ways, i.e. at sometimes it
believed “As you sow, so shall you reap”, and sometimes
considered the result of actions in previous birth or the will of God.
• According to Prof. Selmond justice is a means to distribute the due
share to every body while Marxist considers from each according to
his ability to each according to his needs”.
• John Rawls describes justice as thinking under a ‘veil of ignorance’
where position and status in society, everybody would decide as per
one’s own interests.
• The fundamental elements of justice are equality before law, respect
for the necessities of nature, truth and freedom, etc.
• Justice exercises four dimensions, i.e. political, legal, social and
economic.
 • Social justice refers to equal treatment to each and everybody in the
society without any discrimination on the basis of caste, creed,
color, race, religion, etc.
• Justice and liberty and justice and equality are closely related to
each other.

What Is Social Justice?

The concept of justice has been interpreted differently by all cultures and
traditions. Justice was associated with maintaining dharma, or just social order,
in ancient Indian society, which was considered the primary duty of kings.

Confucius, a famous Chinese philosopher, advocated for kings to maintain

justice by punishing wrongdoers and rewarding the good.
What was Plato’s Idea of Justice?

Plato's book "The Republic" in Greece addressed issues of justice through a

long dialogue between Socrates and his young friends Glaucon and
Adeimantus.

They noticed that the unjust seemed to have a lot more money than the just.
Those who bent the rules to their advantage avoided paying taxes and were
willing to lie and deceive were often more successful than those who were
honest and just.

Socrates reminds these young people that no one can be certain of benefiting
from injustice if everyone is unjust and manipulates rules to suit their own
interests. To understand why it is important to be just, Socrates clarified that we
must first understand what justice means.

What does justice mean?

Justice involves the well-being of all people. Ensuring the well-being of the
people includes giving each person his due.

According to the German philosopher Immanuel Kant, human beings possess

dignity. If all persons are granted dignity then what is due to each of them is
that they have the opportunity to develop their talents and pursue their chosen
goals.

Principles of Justice

There happen to be three principles of justice:

• Equal Treatment for Equals

• Proportionate Justice
• Recognition of Special Needs

Equal Treatment for Equals

It is considered that all individuals share certain characteristics as human
beings. Therefore they deserve equal rights and equal treatment.
Apart from equal rights, the principle of treating equals equally would require
that people should not be discriminated against on grounds of class, caste, race
or gender. They should be judged on the basis of their work and actions and not
on the basis of the group to which they belong.
Proportionate Justice
Provided everybody starts from the same baseline of equal rights, justice in such
cases would mean rewarding people in proportion to the scale and quality of
their effort.
For justice in society, the principle of equal treatment needs to be balanced with
the principle of proportionality.
Recognition of Special Needs
When it comes to distributing rewards or responsibilities, society must consider
the unique needs of individuals. This could be seen as a way to promote social
justice.
The principle of taking into account people's special needs does not necessarily
contradict, but rather extends, the principle of equal treatment, because treating
equals equally could imply that people who are not equal in certain important
respects might be treated differently. People with special needs or disabilities
may be viewed as unequal in some ways and deserving of special assistance.
It is thought that if people who have a very different standard of living and
opportunities are treated equally in all respects with those who have been
deprived of even the most basic needs to live a healthy and productive life, the
result will be an unequal society, rather than an egalitarian and just society.

As a result, the Constitution established reservations for Scheduled Castes and

Tribes in government jobs and quotas for admission to educational institutions.

What is Just Distribution?

Equal opportunity and education means that the government should provide
equal and comparable opportunities to all citizens. Everyone should have the
same opportunity to receive an education. Individually, they should be given the
same opportunities to grow. Discrimination of any kind, whether racial or not,
should be avoided at all costs.

Caste and creed, race and colour, and wealth and poverty should all be
considered equal. Everyone in India is given the same opportunities and has
equal access to education.

Inequalities that have remained relatively unchanged over generations are more
vulnerable in society. If certain social classes have accumulated significant
wealth and the power that comes with it over generations, society will be
divided into those who have remained poor and those who have accumulated
significant wealth.
 John Rawls - Theory of Justice (Veil of Ignorance)

The only way to arrive at a fair and just rule, according to John Rawls, is to
imagine ourselves in a situation where we must make decisions about how
society should be organised despite not knowing which position we would take
in that society.

According to Rawls, if we don't know who we'll be in the future society or what
options we'll have, we'll be more likely to support a decision about the society's
rules and organisation that is fair to all members. Thinking through a veil of
ignorance is what Rawls refers to.

In such a state of complete ignorance about our potential position and status in
society, he believes that each individual would make decisions based on their
own interests. However, because no one knows who he is or what benefits him,
everyone will see the future society through the eyes of the poor.
The 'veil of ignorance' position has the benefit of expecting people to act
rationally: to think for themselves and choose what they believe is in their best
interests. The important thing is that they will discover that thinking from the
perspective of the poorest is in their best interests when they do so.

Because no one knows what position they will hold in the future society,
everyone will look for rules to protect them if they are born into a poor family.

As a result, it would be in everyone's best interests if the rules and policies that
are decided benefited society as a whole rather than just one segment. Such
fairness would be the result of rational action rather than benevolence or
generosity.

As a result, Rawls claims that rational thinking, rather than morality, can lead to
fair and impartial distribution of society's benefits and burdens.

Pursuing Social Justice

Justice does not necessitate absolute equality and uniformity in how people live.
However, society would be considered unjust if the disparities between rich and
poor are so great that they appear to exist in parallel worlds, and if the relatively
disadvantaged have no chance of improving their situation no matter how hard
they work.

People in a just society should have the basic minimum conditions to live
healthy, secure lives and develop their talents, as well as equal opportunities to
pursue their desired goals in society. One of the responsibilities of a democratic
government is to meet the basic needs of its citizens.

However, providing such basic living conditions to all citizens may be a

significant financial burden for governments, particularly in countries with large
populations of poor people, such as India.

In our society, as well as in other parts of the world, there is a debate about
whether promoting open competition through free markets is the best way to
help the poor without harming the better-off members of society, or whether the
government should take on the responsibility of providing a basic minimum to
the poor, even if it means redistribution of wealth.

The Balance Between Free Markets and State Intervention

Supporters of Free Markets believe that if markets are left free of government
intervention, the sum of market transactions will ensure a fair distribution of
benefits and responsibilities in society. Those who have merit and talent will be
rewarded accordingly, while those who are incompetent will be penalised.
They would argue that whatever the result of market distribution is, it will be
fair. It provides us with more options and higher-quality services.

Why is state intervention required? - To maintain the free markets

The cost of free-market services may be extremely expensive for the poor.
Private enterprise tends to go where it can make the most money, and thus free
markets tend to favour the strong, wealthy, and powerful. States could step in to
ensure that all people have a basic minimum standard of living so that they can
compete on an equal footing.

Private organisations should be encouraged to provide services in areas such as

education and healthcare, while state policies should aim to empower people to
purchase these services. It may also be necessary for the government to provide
special assistance to the elderly and sick who are unable to compete.

The state's role should be limited to enforcing a set of laws and regulations to
ensure that individual competition is free of coercion and other impediments.

NCERT QUESTIONS
What does it mean to give each person his/her due? How has the meaning of
“giving each his due” changed over time?

To give each person his/her due ensures the well-being of the people or means
that equal importance should be given to all the people, i.e. a doctor is concerned
with the well-being of his patients as well as the rules of government ensures the
well-being of citizens also.
Giving each person his/her due means providing justice by ensuring the well-
being of all the people. In contemporary time, the concept of “giving each his/her
due” has changed to the understanding of what is due to each person as a human
being. All these dues have been changed over times:
1. The ideas of justice has been continued to be an important part of
the present day understanding and has changed from the time of
Pluto.
2. Debates have also taken place of what is due to each person as a
human being.
3. Human beings get the opportunities to develop one’s own potential
as well as to pursue their chosen goals.
4. Justice requires giving due and equal considerations to all
individuals.
5. The German philosopher Immanuel Kant argued that if all persons
are granted their dignity then what is due to each of them is the
opportunity to develop their talents and pursue their chosen goals.

Briefly discuss the three principles of justice outlined in the chapter?

Explain each with examples.

The three principles of Justice are:

Principle of treating equals equally which refers to equal rights and equal
treatment being given to individual who share certain characteristics as a human
being, i.e. civil rights including right to life, liberty and property and political
rights including right to vote, to enable rights to individuals to participate in
political processes, etc.
Thus, Equal Treatment of Equals indicates the principle of treating people
equally.
o a) All individuals share certain characteristics as human beings.
Therefore, they deserve to be treated equally and provided with
equal rights.
 o b) It includes civil rights like right to life, liberty and property,
political rights like right to vote and social rights related to equal
social opportunities.
o c) It also prohibits discrimination on the grounds of class, caste,
gender and race.
For example, two individuals from different backgrounds should be
paid same reward for the same kind of job.
Proportionate justice: This principle specifies the rewarding of people in
proportion to the scale and quality of their efforts. It is just to give incentive to
different jobs differently on the basis of the efforts and skills required and the
danger involved. Thus, proportionality provides balance to the principle of equal
treatment. The reward and compensation for a surgeon and an architect varies
according to the skill that is required in their job.
Recognition of Special Needs: This principle is based on distributing rewards and
duties on the basis of special needs of people.
o a) On the basis of factors such as age, physical disabilities and lack
of access to good education or health care, special treatment is
given to some people in many countries.
o b) People with special needs or disabilities are treated unequal in
some particular respect and therefore are provided with some
deserving and special help.
o c) A physically challenged person getting a reserved seat in bus is
an example of principle of recognition of special needs.

Does the principle of considering the special needs of people conflict with the
principle of equal treatment for all?

To promote social justice, principle of special needs of people is recognized. And

people are required to be treated equally without any discrimination to reward
proportionality.
1. The principle of taking account of special needs of people does not
deny with the principle of equal treatment because the people who
are not equal in certain important respect, may be treated
differently to promote justice.
2. People with special needs may deserve special help or assistance
and particular respect but it is difficult to recognize the people who
require special assistance.
3. Some physical disabilities, age, lack of good education or health
care facilities are considered for special treatment.
 4. In India, lack of good education, healthcare, amenities, etc. are
generally combined with social discrimination on the basis of
caste.
5. Constitution of India, made the provisions for reservation in
government jobs and quotas in educational institutions for the
people who are deprived in the society.
6. Hence, it can be concluded that it is necessary to recognize the
people who need the special considerations and if it is mandate for
justice, it cannot contradict with the principle of equal treatment for
all.

How does Rawls use the idea of a veil of ignorance to argue that fair and just
distribution can be defended on rational grounds?
Rawls uses the idea of a veil of ignorance to argue that fair and just distribution
can be defended on rational grounds. He says that if a person keeps
herself/himself under the ‘veil of ignorance’ then s/he would come up with the
just distribution, fair laws and policies that would affect the whole society.
o Rawls uses the idea of a veil of ignorance and argues that fair and
just distribution can be defended on rational grounds.
o He says that if a person keeps herself/himself under the ‘veil of
ignorance’ then she/he would come up with the just and fair
distribution, fair laws and policies that would affect the whole
society.
o A person under the ‘veil of ignorance’ is unaware of her/his
possible position and status in the society therefore she/he would
sensibly decide from the point of view of the worst-off.
o It would be reasonable in this situation for everyone to ensure that
all resources are available equally to all the persons.
o In this way Rawls, with his idea of ‘veil of ignorance’, is able to
prove that fair and just distribution can be defended on rational
grounds with the help of this idea.
 CHAPTER 5 RIGHTS

• Rights are primarily those claims which are necessary for leading a
life of respect and dignity.
• Rights are those conditions or guarantees which the state provides to
every citizen in order to attain best self in the society.
• The legal rights are given by the government to its citizens which
are classified as social rights, political rights and fundamental rights.
• Duty is an obligation by which, we are bound to do something
which can be classified as fundamental duties, legal duties and
moral duties.
 • A bill of rights is enshrined in the constitution to be given a primary
importance, known as fundamental rights.
• Political rights give to the citizens the right to equality and to
participate in political processes.
• Economic rights gives the right to enjoy the opportunities to earn
one’s own livelihood to fulfill their basic needs.
• But rights can be enjoyed only, if a person is committed towards the
duties also.
• Moral duties include duties towards self, family, society, neighbors,
humanity, etc.
• Legal duties include obedience of law, payment of taxes, to
participate in military services if required as well as to cooperate
with government employees.
• On 10th of December 1948, the General Assembly of the UN
adopted and proclaimed the universal declaration of Human Rights
as a common standard of achievement for all peoples and all
nations.

What are Rights?

Rights are legal, social, or ethical principles of freedom or entitlement; that is,
rights are the fundamental normative rules about what is allowed or owed to
people according to some legal system, social convention, or ethical theory.

Rights are primarily those claims that are necessary for leading a life of respect
and dignity. It is something that is considered to be due to an individual;
something that the rest of society must recognise as being a legitimate claim
that must be upheld

The History of Rights

Political theorists in the seventeenth and eighteenth centuries argued that God's
nature bestows rights on us. They claimed to have derived them from natural
law. This meant that rights are not bestowed by a ruler or society; rather, they
are bestowed upon us at birth.
There are three natural rights identified by the early political theorists:
● Right to Life
● Right to liberty
● Right to property.

All the other rights were said to be derived from these basic rights.

The idea that we are born with certain rights is a powerful one because it
implies that no state or organisation has the authority to take away what nature
has bestowed upon us. The term "human rights" has become more popular in
recent years than "natural rights." This is because the idea of natural law, or a
set of norms established by nature or God, appears to be unacceptably radical
today.

Human beings are increasingly seeing rights as guarantees that they seek or
achieve in order to live a minimally good life. Existing inequalities based on
race, caste, religion, and gender are increasingly being challenged using this
concept of a free and equal self.

Oppressed people all over the world have used the concept of universal human
rights to challenge laws that segregate them and deny them equal opportunities
and rights. As societies face new threats and challenges, the list of human rights
that people have claimed has grown.

People are increasingly aware of the need to protect the natural environment,
which has resulted in calls for rights to clean air, water, and long-term
development.
 State and the Legal Rights

Bill of Rights

A bill of rights is a list of a country's most important rights granted to its

citizens, also known as a declaration of rights or a charter of rights. The goal is
to protect those rights from infringement by public officials and private citizens.
Many constitutions around the world include the bill of rights. In India, we call
it "Fundamental Rights."

The fundamental rights enumerated in the Constitution are those that are
regarded as such. These may be supplemented in some cases by claims that gain
prominence as a result of a country's unique history and customs.
Although legal recognition gives our rights a special place in society, it is not
the basis for asserting rights. The vast majority of asserted rights, however, are
directed at the government. People use these rights to make demands on the
government.

Rights spell out not only what the government must do, but also what it must
avoid. Our rights ensure that the state's authority is exercised in a way that does
not endanger individual life or liberty.

Kinds of Rights
Political Rights

Political rights, which are closely linked to citizenship status, refer to an

individual's ability to participate in the civil and political life of the society and
state without fear of discrimination or repression.

Not only do you have the right to vote in elections, but you also have the right
to join a political party, run for office, and attend political rallies, events, and
protests freely.
● Political rights are supplemented by civil liberties. Collectively they both
form the basis of the democratic system of government.
● Political rights contribute to it by making the government accountable to the
people, by giving greater importance to the concerns of the individual over that
of the rulers and by ensuring that all persons have an opportunity to influence
the decisions of the government.

Economic Rights

Economic rights comprise basic needs of food shelter, clothing, health. All the
democratic societies are now on the verge or are getting started with providing
all of their citizens with economic rights.

In some countries, citizens, particularly those with low incomes, receive

housing and medical facilities from the state; in others, unemployed persons
receive a certain minimum wage so that they can meet their basic needs.

The Indian government has recently introduced a rural employment guarantee

scheme, among other measures to help the poor.
Cultural Rights

The objective of these rights is to guarantee that people and communities have
an access to culture and can participate in the culture of their selection.

Cultural rights are human rights that aim at assuring the enjoyment of culture
and its components in conditions of equality, human dignity and non-
discrimination.

The right to have primary education in one’s mother tongue, the right to
establish institutions for teaching one’s language and culture, is today
recognised as being necessary for leading a good life.
 Rights and Responsibilities

Rights not only place obligations upon the state to act in a certain way — for
instance, to ensure sustainable development — but they also place obligations
upon each of us.

● Firstly, they compel us to think not just of our own personal needs and
interests but to defend some things as being good for all of us.
● Secondly, they require that I respect the rights of others. If I say that I must be
given the right to express my views I must also grant the same right to others.

● Thirdly, we must balance our rights when they come into conflict. For
instance, my right to freedom of expression allows me to take pictures;
however, if I take pictures of a person bathing in his house without his consent
and post them on the internet, that would be a violation of his right to privacy

● Fourthly, citizens must be vigilant about limitations that may be placed on

their rights. A currently debated topic concerns the increased restrictions which
many governments are imposing on the civil liberties of citizens on the grounds
of national security.

Even though rights can never be absolute, we need to be vigilant in protecting

our rights and those of others for they form the basis of a democratic society.
 NCERT QUESTIONS

What are rights and why are they important? What are the bases on which
claims to rights can be made?

Rights are primarily those state-recognized claims that every individual regards
to be necessary for leading a life of respect and dignity. These are essentially a
justified claim or an entitlement.
Rights are important as they help individuals to develop their capacity to reason,
develop their skills and enable them to make informed choices in life. Rights are
essentially an establishment or a justified claim. It denotes what we are entitled
to as a citizen as individuals or as human beings.
It denotes what we are entitled to as citizens, as individuals and as human beings.
It is something that we consider to be due to us; something that the rest of society
must recognize as being a legitimate claims that must be upheld.
The bases on which claims to rights can be made are:
1. The representation of conditions that individuals collectively see as
a source of self-respect and dignity.
2. The necessity for every individual’s well being
Rights are important because:
3. To lead a life of respect and pride, i.e. economic independence
gives the right to fulfill the basic needs of a person by one’s talents
and interests.
4. Citizens enjoy the rights to express themselves freely in different
ways to be creative and original.
5. The rights let the government be aware of its success and failures
and feedback of people.
6. Rights are necessary for the entire world, he right to livelihood,
freedom of expression, etc.
7. Rights help one to develop one’s own potential and skills.

On what grounds are some rights considered to be universal in nature?

Identify three rights which you consider universal. Give reasons.

Some rights are considered to be universal in nature on the ground to be equally

important for all human beings who live in a society.
The following rights can be identified as universal:
o Right to livelihood ensures self-respect and dignity of the
individuals through economic independence.
o Right to freedom of expression.
 o Right to education Right to education is considered to be universal
in nature because this is must for an individual to develop his/her
capacity to reason, skills and enables him/her to make informed
choices in life. This helps the individual to make good use of other
rights.
o Right to education develops capacity to improve useful skills and
to enable citizens to make choices in life; hence it can be
designated as a universal right.
o Economic independence is the most important dignity in one’s life
and considered necessary for leading a life of respect and dignity
across the world.
o Right to freedom of expression provides an opportunity to be
creative and original in any field of one’s choice. And government
also comes to know of its failures and success. It is important for
all human beings as it develops creativity and originality and
allows for free expression of ideas and beliefs.
Thus the importance of certain rights for all human beings regardless of their
place in society confers universality on these rights. The assumption behind
human rights is the entitlement of human beings to certain rights that ensure self-
respect and dignity by virtue of being born as humans. Thus, universal rights are
those rights whose entitlement is non-negotiable.

Differentiate between political, economic and cultural rights. Give examples of

each kind of right.

Political rights are those rights which guarantee equality before law and the right
to take part in the political process. Right to contest election and give vote is
political right. Political rights are an add-on of numerous types of civil liberties,
i.e. right to express one’s views freely, right to protest, free and fair trial, etc.
These rights make the government answerable and ensure an opportunity for each
and every individual to influence the decisions of government:
o Political rights ensure equality to all citizens.
o Every citizen has the right to participate in the political process.
o Political rights give the right to vote and elect representatives.
o Every citizen enjoys the right to contest elections and right to form
political parties.

Economic rights are the rights that ensure the right to basic needs of food, shelter
etc.
 1. It helps in achieving the political rights. Right to minimum wage is
an economic right.
2. It includes the basic needs required to live and to enjoy like the
right to get food, shelter, clothing, health, etc.
3. It ensures an adequate wage to all to meet their basic needs and
provide reasonable condition of work.
4. People with low incomes get facilities like housing, medical
facilities and unemployed receive a certain minimum wage to meet
their basic needs.
5. In India, the government has introduced a rural employment
guarantee scheme to assist the poor and needy.
Cultural rights are given to citizens to preserve their culture, its essence and its
dignity.
o India is a country with varied cultures which have been recognized
as being necessary for leading good life.
o Everyone has the right to enjoy one’s own language, one’s way of
living, literature, style of painting, construction, religion, etc.
o Right to establish institutions for teaching one’s own language is
also a part of it. Political rights and economic rights help in
ensuring cultural rights for citizens.
Rights place some limits on the authority of the state. Explain with examples.
Rights place certain limits on the authority of the state as it suggests what the
state must avoid doing. It places certain obligations upon the state to act in a
definite way. For example, if a right suggests that the state cannot simply arrest
an individual at its own will, the state must avoid doing it.
The state cannot make laws that violate the fundamental rights of the citizens and
go against the constitution.
Freedom of expression is a fundamental right of individual therefore the state
cannot stop anyone from expressing himself/herself.
o The state cannot arrest any individual needlessly as that would
mean violating her/his right of liberty.
o The support of government and law, direct the claimed rights
towards the state, i.e. if someone emphasize one’s right to
education, the state is called upon to make provisions for basic
education.
o Right to life obligates the state to make laws to protect from being
injured by others. A society can expect the state to practice policies
to provide clean environment to be essential for good quality of
life.
 o Rights not only specify what the state must do, they also suggest
what the state must avoid doing from doing, i.e. the state cannot
simply arrest any person as per its own will, the state has to give
proper reasons for holding back one’s liberty before a judicial
court.
o Rights ensure that the authority of state is exercised without
violating the purity of individual life and liberty.

Hence, it can be concluded that the sovereign authority, the laws it makes, may
be enforced with force, but the sovereign state exists not for its own sake but for
the sake of individual. The people always matter a lot and their well-being must
be persuaded by the government in power.