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Constitutional Values and Fundamental Duties (University of Delhi)
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Semester-I, II & III
Course Credits - 2
Value Addition Course (VAC)
CONSTITUTIONAL VALUES AND
FUNDAMENTAL DUTIES
(Department of Political Science)
As per the UGCF - 2022 and National Education Policy 2020

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Constitutional Values and Fundamental Duties
Editorial Board
Dr. Mangal Deo
Dr. Shakti Pradayani Rout
Content Writers
Dr. Mangal Deo,
Dr. Ashutosh Jha, Dr. Shiksha Rani
Academic Coordinator
Deekshant Awasthi
© Department of Distance and Continuing Education

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


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This Study Material is duly recommended in the meeting of Standing

Committee held on 08/05/2023 and approved in Academic Council meeting
held on 26/05/2023 Vide item no. 1014 and subsequently Executive Council
Meeting held on 09/06/2023 vide item no. 14 {14-1(14-1-11)}
• The present study material (Unit-II) is a modified and reframed version of the earlier study material by
the same name under the CBCS Semester system and Unit-I and Unit-III afresh written .
• Corrections/Modifications/Suggestions proposed by the Statutory Body, DU/Stakeholder/s in the Self

Learning Material (SLM) will be incorporated in the next edition. However, these
corrections/modifications/suggestions will be uploaded on the website https://sol.du.ac.in. Any
feedback or suggestions can be sent to the email- feedbackslm@col.du.ac.in


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

(a) Federal Republic, Rule of Law, Separation
of Power
(b) Sovereignty, Socialism, Democracy
(c) Secularism and Sarva Dharma Sama Bhava
Unit-II Constitutional Values Dr. Mangal Deo 15

(a) Justice: Social, Political, Economic Dr. Ashutosh Jha
(b) Liberty: Thought, Expression, Belief, Faith,
Worship
(c) Equality: Equality Before Law & Equal
Application of Laws
(d) Fraternity: Dignity, Unity and Integrity
Unit-III Fundamental Duties Dr. Mangal Deo 29

(a) Reflecting on the Ancient Indian Notions of Dr. Shiksha Rani
Righteousness and Duty Consciousness
(b) Fundamental Duties–Article 51a [(A)- (K)]
(c) Legal Status of Fundamental Duties–
Judicial Approach
About Contributors
Contributor’s Name Designation
Dr. Mangal Deo Assistant Professor, PGDAV College, DU

Dr. Ashutosh Jha Assistant Professor, ARSD College, DU
Dr. Shiksha Rani Assistant Professor, Bhagini Nivedita College, DU


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Unit-I : The Constitution of India-An Introduction

(a) FEDERAL REPUBLIC, RULE OF LAW, SEPARATION
OF POWER
(b) SOVEREIGNTY, SOCIALISM, DEMOCRACY
(c) SECULARISM AND SARVA DHARMA SAMABHAVA
Dr. Mangal Deo
Dr. Duryodhan Nahak
STRUCTURE
1.1. Learning Objectives

1.2. Introduction
1.3. The Salient Features of the Indian Constitution
1.4. Federal Republic
1.5. Rule of Law
1.6. Separation of Power
1.7. Sovereignty
1.8. Socialism
1.9. Democracy
1.10. Secularism and Sarva Dharma Sama Bhava
1.11. Basic Structure
1.12. Conclusion
1.13. Self-Assessment Questions
1.14. References
1.1 LEARNING OBJECTIVES
• Study of constitutional development and the constitution making process in India

• Study of the Basic Features of the Indian Constitution
• Study of the values contained in the basic features of the Indian Constitution
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1.2 INTRODUCTION
The constitution is a political instrument, but it also aims to raise socioeconomic standard so
that people can live with honour and dignity. It is a legal document that lays forth a set of
guidelines for how the nation will be governed. One analyst asserts that the constitution is a
living text that changes in response to the nation's shifting requirements and conditions. The
political aspirations of a nation's citizens are reflected in its constitution. It outlines the long-
term requirements and goals that the nation hopes to achieve. The Indian Constitution has
undergone over a hundred amendments in the past 74 years. Although its fundamental form
hasn't changed, it is still recognised as offering guiding principles for the nation's governance.
The executive, legislative, and judicial branches of government are fundamentally guided by
the constitution. The Indian Constitution is effectively supreme. The constitution serves as
the structure for all organisations, whether they are trade unions, peasant groups, or sports
organisations. Generally speaking, there are three crucial circumstances where constitutional
protection is demanded. Firstly, out of an armed rebellion or civil war; secondly, from foreign
yoke; and thirdly, out of the socialist revolution. Undoubtedly, the Indian Constitution falls
into the second category. The constitution of India was written by the constituent assembly,
which was elected by the people in July 1946. Despite the boycott by the some organisations,
the first meeting of the Constituent Assembly was held on December 9, 1946. It took them
almost 2 years, 11 months, and 18 days to write the constitution. Finally, it was adopted on
November 26, 1949, and came into force on January 26, 1950.
1.3 THE SALIENT FEATURES OF INDIAN CONSTITUTION
The Preamble: “We, the people of India, have solemnly resolved to constitute India into a
sovereign, socialist, secular, democratic, republic, and to secure for all its citizens.”
Justice, social, economic, and political
Liberty of thought, expression, belief, faith, and worship.
Equality of status and of opportunity, and to promote among them all
Fraternity, assuring the dignity of the individual and the unity and integrity of the nation;
In our constituent assembly this twenty-sixth day of November, 1949, do HERE by adopting,
enacting, and giving to ourselves these constitutions.
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Written constitution: Like most of the modern democracies, the United States of America,
Britain, Australia, France, Germany, and India too have a written constitution. It is true that
Britain does not have a written constitution, but that does not mean that it does not have any
written documents. Since the Magna Carta of 1215, Britain has been ruled by several
charters, statutes, acts, rules, and regulations that are enacted by its parliament from time to
time. The founding fathers have provided a written document that remains an important
political encyclopaedia for the country.
The longest constitution: India is known for its longest constitution, as its founding fathers
have provide a detailed document that touches on all aspects of the country’s governmental
system. While the Constitution of the United States has the shortest constitution, having only
seven articles, the Constitution of China has only 138 articles, and the Canadian Constitution
has 11 parts and 147 sections, the constitution of India, however, originally had 395 articles,
and it is also important to note that the structure of the constitution has been expanding
through various amendments. There are a host of reasons that prompted the framers to write a
lengthy constitution. The few are (i) The pluralist character and multicultural nature of Indian
society are responsible for the big constitution. People of different languages, castes,
religions, and ethnicities live in India. (ii) The enormity of the country has largely contributed
to making it the largest constitution in the world. (iii) India is a large country with an agrarian
economy. At the time of independence, a large number of people were suffering from
poverty, malnutrition, and illiteracy, which might have led the architects to ventilate those
problems within the constitutional parameters. (iv) Although the directive principles are not
enforceable by the court of law, they are indispensable for the centre and the units to
implement to win elections and the trust of the people. Over the years, governments have
launched myriad socio-economic programmes to improve the conditions of people. (v) In
1947, India had a number of princely states, latter abolished, the country had to accommodate
their interests. (vi) The constitution makers thought India should remain a mixed economy
where both the public and private sectors exist. For instance, besides allowing big industrial
houses to carry out business activities, the government launched the Five-Year Plan in 1951–
52, and the Indira Gandhi government nationalised fourteen banks in 1969, which were
largely functioning in private hands. Perhaps these were nationalised by Indira Gandhi by
keeping the socialist spirit in mind. (vii) The North-East Frontier Agency (NEFA), of the
country was a disturbed region even before independence from the British regime. It is
composed of a tribal population of different ethnic groups. This region, composed of Assam,
Tripura, Mizoram, and Meghalaya, was exclusively dealt with by Schedule VI. This was
being governed by the British-Bangladesh Frontier Regulation Act of 1873. That’s why the
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VI schedule was added in articles 244 and 275. For other tribal regions, Schedule V was
included in the constitution. (viii) India is a country of diverse languages spoken in different
regions. While North Indian people speak Hindi and Punjabi, Western Indian people use
Gujurati and Marathi, the South Indian people speak Telugu, Tamil, Kanada, and Kerala
people use Malayalam, and the Eastern Indian people speak Odiya and Bengali. It was
necessary for the constitution makers to provide necessary clause to address the dilemma of
the people that are likely to arise in future. Therefore, a provision has been made in the
context of language in the VIII Schedule of the Constitution.
Supremacy of Constitution: The Constitution of India is supreme in the sense that it has
been made clear in various cases interpreted by the Supreme Court from time to time. The
Keseavananda Bharti case resolved the issue once and for all. While the court recognised the
amending power of the constitution, it also cautioned the union parliament that, like Britain,
the Indian parliament is not supreme parliament, and has to work within the parameters of the
constitution.
Coordination between Parliamentary Supremacy and Judicial Review: Since the
constitution came into force on January 26, 1949, it has been amended many times. When it
affected the interests of the landlords of big industrial houses, they challenged those cases in
the Supreme Court. In the Shankari Prasad vs Union of India and Shajjan Singh vs Rajasthan
cases, the court recognised the unlimited power of the amending constitution. In the
Golaknath case of 1967, the court tried to strike a balance between parliament and the
judiciary. A larger bench heard the Kesavananda Bharti case in 1973. The court, in its
majority decision, put several restrictions on the parliament and pronounced the basic
structure Even the amending power of parliament is limited under Article 368 of the
Constitution of India. Now it is clear that in India, neither parliament nor the judiciary are
supreme. While the parliament can discuss judges only if cases of impeachment are debated,
at the same time, the Supreme Court has the right to review all previous and existing acts to
determine whether they are in accordance with the constitution.
Fundamental rights: The citizens of Britain were granted rights under the Bill of Rights in
1689. The US granted rights to its citizens in the initial 10 amendments to the Bill of Rights.
In India, the constitution makers gave rights to Indian citizens. These rights are described as
fundamental, as the violation of those rights can be challenged in a court of law. There were
originally seven rights in Chapter III of the Indian Constitution, covering articles 12-to-35,
like the right to equality, the right to freedom, the right against exploitation, the right to
freedom of religion, the right to education and culture, the right to property, and the right to
constitutional remedy. Out of this, in the 44th Amendment, right-to-property is taken away
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and put in 300(A). These rights are fundamental in the sense that any violation of those rights
by governmental institutions can be challenged in the Supreme Court and state high courts.
There are many positive rights that do not discriminate between Indian and foreign citizens.
Since the adoption of the constitution, it has been amended several times to include certain
rights, like the right to elementary education, which has been included in the right to life. The
Supreme Court and Indian Parliament have also expanded this citizen’s charter by
interpreting and enacting several acts and laws from time to time. In the Kesavananda Bharti
case, the Supreme Court made it clear that the Fundamental Rights can be amended but
cannot be abridged, contravened, or taken away in any circumstances. The fundamental rights
are now part of the basic structure of the constitution.
Directive principles of state policy: In matters of including Directive Principles of State
Policy (DPSP), the constitution stalwarts were influenced by the Irish Republic. DPSP has
been placed in Chapter IV of the Indian Constitution. If the fundamental rights are part of
political democracy, the directive principles are in the form of socio-economic rights that are
quite necessary for the upliftment of the poor and downtrodden. It is true that these rights are
not enforceable by the courts, but they are fundamental to the governance of the country. In
the Minerva Mills Case of 1980 and Asoka Kumar Thakur vs. Union of India (2008), the
Supreme Court held that the Fundamental Rights and Directive Principles are not
contradictory; rather, they are complimentary and supplementary to each other.
Fundamental duties: Despite the fact that Fundamental Duties were not part of the original
Constitution, the Indian National Congress under the leadership of Indira Gandhi appointed a
committee headed by Swaran Singh which submitted its report to include Fundamental
Duties in Chapter IV . The Directive Principles of State Policy were added in Part 4(a) and
Article 51(a) of the Indian Constitution by the 42nd Amendment Act in 1976, in which the
fundamental duties are mentioned. The government was inspired by the Constitution of the
USSR in this matter. These duties cannot be imposed by the courts. Meanwhile, these duties
are important for the citizens of the country, as rights and duties go hand in hand. Through
the various acts, some duties have been made compulsory for Indian citizens. For example, to
respect the national anthem, the national flag, and the Indian constitution, and to protect
wildlife and forests, are some obligations that are to be observed by all the citizens of the
country.
Local Self-government: Mahatma Gandhi, the father of India, had dreamt of empowering
rural India through decentralisation. Article 40 of the Indian Constitution clearly talks about
local self-government. The 73rd and 74th Amendment Acts of 1992 created three-tiered local
government in rural and urban areas, which aimed at decentralising power and involving
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people in the decision-making process. The participation of people at the grass-roots level
and the election of 3.2 million representatives are instrumental in empowering people at the
bottom and strengthening democracy in India. This is perhaps the largest local-self-
government in the world.
1.4 FEDERAL REPUBLIC
Like the countries of Canada, Australia, Germany, and the United States of America, the
Framers have provided a constitution for India. Although the Indian Constitution resembles
the Canadian Constitution in several respects, it also has borrowed from other federations like
Australia and the United States. In India, there are dual sets of governments. The power is
divided between the centre and the states. Again, in order to have harmonious relations
between the centre and the states, in the VII schedule, the power is divided by giving three
lists, like central, state, and concurrent. The supremacy of the constitution, independence of
the judiciary, written constitution, and division of power are essentially federal characteristics
that have also been adopted by the Indian constitution. As India has emerged as an
independent nation from a peculiar situation and British yoke as well, the founding fathers
have given a constitution with strong unitary features. Single citizenship, single judiciary,
Indian Administrative Service (IAS), and Indian Police Service (IPS), for which
examinations are conducted by the central government, but these personnel are deployed in
the states. The president's rule in times of extra-ordinary situations in the states has been used
by the centre against the states. This was a recurring phenomenon during the heyday of
Congress rule, and even the Janata government suspended nine state governments during its
brief tenure of two and a half years from 1977 to 1980. Here, an important fact is to be noted:
while the constitutional body like the central finance commission sees the allocation of
resources and taxation between the centre and the states, which constitutes only 30 percent of
the total resources.
1.5 RULE OF LAW
In simple words, “rule of law” refers to the supremacy of the law of the land over any other
elected representative or authority in a country. It has been derived from the French phrase
“le principe de la legalité,” which refers to a government guided by law and not men. The
phrase has been interpreted differently by different people in different ways in different
countries. Attempts have been made by a number of major philosophers to give a substantive
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definition, Aristotle being one of them. He attempted to justify the thesis by connecting it to
the rule of reason and other natural justice-related laws.
One of the best-known and accepted theories was propounded by A.V. Dicey. The theory
became famous through his book titled “The Law of the Constitution.” He had a theory that
“government should be based on principles of law rather than men” and demonstrated this by
explaining its three major pillars. These are:
1. Supremacy of Law: It denotes the country's legal dominance and absolute power.
The law applies to everyone, including those who are not citizens.
Framing and administering the law, Dicey believed that wherever there is a scope for
discretion, there will be arbitrariness. As a result, it is held that the law established in
a court of law must be enforced throughout the land with no exceptions. No person
has the right to impose laws on themselves.
2. Equality Before the Law: This means that the law should be administered in a just
and fair manner. Every person, whatever his position or rank, maybe, should be
subjected to the same law and procedure as everyone else in the court of justice. He
said, “Every official, from the Prime Minister down to a constable or a collector of
taxes, is under the same responsibility for every act done without legal justification as
any other citizen.”
In the Indian Constitution, the right to equality is mentioned under Articles 14–18.
Equality before the law and equal protection of the law prohibit discrimination on
grounds of caste, colour, creed, sex, and religion. Equal opportunity regarding
employment, abolition of untouchability, and abolition of titles
3. Predominance of the Legal Spirit: He believed that simply establishing the
preceding two principles would be insufficient and that there needed to be an
enforcing mechanism, authority to keep and maintain the law. He proposed an
impartial and independent judiciary, which would be a very important aspect for the
implementation of the Rule of law.
1.6 SEPARATION OF POWERS
In India, a separation of functions is practised rather than a separation of powers. In India,

unlike in the US, the idea of the division of powers is not rigidly adhered to. The judiciary
has the authority to overturn any unlawful laws that the legislature passes, thanks to a system
of checks and balances that has been put in place.
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Due to practical reasons, the majority of constitutional systems today do not have a rigid
classical division of powers between the several organs. The current system in India, the
relationships between each organ, and the constitutional provisions that follow will all be
covered in the sections that follow. Let's take a quick look at each government organ's
functions before moving on to the relationships.
Objectives
Separation of powers is intended to stop the abuse of authority by one person or group of
people. It will guarantee everyone's freedom, safeguard society from the state's capricious,
illogical, and oppressive powers, and allocate each function to the proper state organs for the
efficient performance of their respective duties.
Concept
Aristotle initially mentioned this idea in his writings in the fourth century BCE, when he
identified the general assembly, elected officials, and judiciary as the three branches of
government. The Ancient Roman Republic adopted a similar idea. In his 18th-century book
De l'esprit des lois, the French philosopher Montesquieu gave the idea a highly systematic
and scientific foundation (The Spirit of Laws). His work is founded on knowledge of the
English system, which tends to distinguish between the three branches of government more
sharply. John Locke advanced the concept further.
Meaning
The legislature, the executive branch, and the judiciary make up the three branches that make
up the system of government. Despite the fact that different authors provide varying
definitions, we may generalise three characteristics of this concept. A person having a
function in one organ shouldn't also be a part of another organ, which means that each organ
should have separate people serving in it. The operation of one organ shouldn't affect how the
other organs work. It is improper for one organ to do another organ's duties (they should stick
to their mandate only). These broad categories are so clearly outlined, yet in a complicated
nation like India, conflict and transgression by one branch over the other are frequent.
Meaning of the Doctrine:
Why is it necessary to have a division of powers among the various state organs? There are
always more chances of bad administration, corruption, nepotism, and abuse of power
whenever there is a concentration of power in one place or authority. By adhering to this rule,
democracy is protected from the emergence of dictatorship. Citizens are shielded from
arbitrary rule through it.
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Significance:
Separation of Power prevents authoritarianism, protects individual freedom, and contributes
to the development of effective government. The independence of judiciary is upheld.
Ensures that no arbitrary or unlawful laws are passed by the legislature.
Indian Constitutional Status of Power Separation:
• The Constitution's fundamental framework includes the notion of separation of
powers, even if it isn't referenced in the document's text.
• This concept cannot be broken by legislation passed by the legislature.
• The Constitution makes special reference to the three organs' functions.
• Let's examine a few of the Constitution's articles that advocate for the separation of
powers.
• Article 50: This provision requires the state to keep the executive and judicial
branches apart. However, because this is covered by the Directive Principles of State
Policy, it is not binding.
• As the nation's executive leader, the President is authorised to exercise legislative
authority (promulgate ordinances) under certain circumstances.
• The legislatures are prohibited from discussing the actions of a judge of the Supreme
Court or High Court under Articles 121 and 211, respectively. Only in the event of
impeachment they able to do this.
• The President and Governors are exempt from legal action under Article 361.
• Through specific provisions, the various organs impose checks on one another as part
of a system of checks and balances.
• The judiciary has the authority to judicially evaluate the legislative and executive
branches' decisions.
• According to Article 13, if a statute is unconstitutional, arbitrary, or infringes on
fundamental rights, the judiciary has the authority to invalidate it.
• It may also declare executive activities that are against the law void.
• The executive branch's performance is also examined by the legislature.
• Despite the judiciary's independence, the executive appoints the judges.
• While respecting the constitutional restriction, the legislature may also change the
judgement's foundation.
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• A system of checks and balances makes sure that no one organ can become supreme.
• The Constitution ensures that every organ's discretionary authority falls within the
bounds of democracy.
1.7 SOVEREIGNTY
India is sovereign in the sense that the power rests with the people, and they are supreme.
Even though the constitution was not put to vote, in the first general elections of 1951–52, the
people did not reject the constituent assembly and voted for the Indian National Congress
Party to power. Nevertheless, this party played a vital role in making the constitution. Every
five years, people vote for the Lok Sabha and state assemblies. The political parties adopt all
means to woo the voters. If the government of the day loses the majority in the legislature,
the government resigns.
The mid-term poll is declared to conduct fresh elections. Furthermore, the constitution of
India is democratic because the government is made for the people by the people. The initial
words of the preamble state, “We, the People of India,” which strictly makes it clear the
people are supreme. It is explicitly clear that the constitution derives its power from the
people. In the end of the preamble, it mentions giving and adopting enactment on November
26, 1949, the date on which the constitution was completed and adopted. India is also a
republic where the head of the country is elected, whereas the head of some countries, like
Britain, is a hereditary one.
1.8 SOCIALISM
This term was inserted by the 42nd Constitutional Amendment Act of 1976. But the term is
vague and controversial Simply looking at socialism from one angle, the term means a theory
or policy that proposes no private ownership, but advocates the ownership of means of
production, capital, land, or property by the community as a whole. Through the New
Economic Policy of 1991, India adopted globalisation, privatisation, and liberalisation.
1.9 DEMOCRACY
The Preamble declares India to be a democratic state. By democracy, one simply means the
government of the people, and by the people, in other words, the people have a share in
political power, which they exercise through the representatives chosen by them.
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The universal adult franchise has been adopted in the Indian Constitution, and the single
transferable voting system has been adopted in the election of the President, Vice President,
and members of the Rajya Sabha. First, the post system has been adopted in the elections to
the Lok Sabha and the Legislative Assembly. For this, a provision has been made for the
independent Election Commission to conduct free and fair elections; in this way, democracy
has been successfully operated in India through elections from 1952 to date.
1.10 SECULARISM AND SARVA DHARMA SAMA BHAVA
The British-India got divided on the basis of religion between India and Pakistan. Although
Pakistan declared itself an Islamic state, Indian stalwarts wished for India to remain a secular
country. India consists of many religions, viz., Hindus, Islam, Christianity, Sikhs, Buddha’s,
Jains, and Parsis. In the original constitution, the secular character of the constitution is
reflected from Article 25 to Article 28. India permits people of all religions to practise,
propagate, and profess the religion of their choice. Although initially, India did not mention
the term secular in its preamble, in the 42nd Amendment Act, the term secular was added to
the preamble. India allows all the people to carry procession in the festivals of their choice.
The central or state governments do not discriminate on the basis of religion. The awards,
titles, and prizes are not awarded in religious order.
While the concept of secularism is largely a western concept, religion in India is taken
in its widest sense. From the Vedic period until today, religion has been seen only from the
perspective of human qualities, moral qualities, and moral values. The concept of Vasudhaiva
Kutumbakam is found in Indian civilization and Sanskrit. In India, common behaviours and
feelings are shared by all religions. Freedom of religion has also been described as a
fundamental right in the Indian Constitution. The word secularism has been used in place of
secularism in the Preamble; thus, in place of secularism in India, the concept of equality of all
religions lies.
1.11 BASIC STRUCTURE
At the time of framing the constitution, the framers had not spelled out the basic features of
the Indian constitution. In due course of time, through several interpretations by the highest
court of the country, the Supreme Court pointed out several basic features. In 1951, the first
amendment was challenged in Shankari Prasad Vs Union of India in the Supreme Court. The
court held that the parliament has the right to amend any part of the constitution. In the matter
of the difference between Article 13, which defines the term law, and Article 368, the
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Supreme Court held that under Article 368, the Union Parliament has unlimited power to
amend the constitution. After a few years, the constitution was amended further. The 4th
Amendment Act was challenged in the Supreme Court in Shajjan Singh Vs Rajasthan in
1965. Even the court reiterated to its earlier verdict and opined that the Parliament of India
can amend any part of the constitution, including the fundamental rights. Article 13, which
defines the “law,” does not restrict the parliament from amending the constitution, which it
enjoys under Article 368. The 3rd, 4th, and 17th amendments were challenged in Golaknath
vs State of Punjab in 1967. The court held that according to Article 368, the parliament has
amending power. However, the amending power of parliament is limited. It does not vest
exclusive power with the Indian parliament to contravene, abridge, or take away the
fundamental rights mentioned in Chapter
It further held that under Article 368, the amending power of the Union Parliament is
limited. Indira Gandhi, who succeeded Lal Bahadur Shastri as Prime Minister in 1966, of
course won the fourth general election, but she was greatly worried about the rejection of
different constitutional amendments that impeded her will to bring about a social revolution
in the country. After the Golaknath case, she went for the 5th general election in 1970 and
gave the slogan for Garibi Hatao (removal of poverty). Even before this, she nationalised
fourteen banks and abolished privy purses. She got a landslide victory by winning the
majority of seats. She proposed the 24th and 25th amendments in parliament. In the 24th
Amendment, the Parliament tried to resolve the dispute between Articles 13 and 368. Now
the parliament can amend any part thereof. In the 25th Amendment Act of the Constitution,
the Parliament made it clear that fundamental rights are subordinate to directive principles.
Both the 24th and 25th amendments were challenged in Kesavananda Bharti vs State of
Kerala. The verdict came in 1973, on April 24, 1973. The case was decided by a larger
Supreme Court bench, which consisted of 13 judges. The court, held by a majority of 7–6 in
parliament, has amending power under Article 368. It can amend any part of the constitution,
including the preamble and fundamental rights. However, it cannot abridge or damage the
basic structure of the constitution. No amendment can remain outside the purview of the
Supreme Court’s judicial review. All the amendments can be challenged in the Supreme
Court. The founding fathers made the Supreme Court the final interpreter and protector of the
Constitution and fundamental rights. The Kasavananda Bharti and Minerva Mills cases are
landmark judgements in this regard. In Kesavananda Bharti vs State of Kerala in 1973,
Justice Sikri pointed out several features like the federal character of the Indian Union,
parliamentary government, republican government, fundamental rights, directive principles
of state policy, etc. In the Minerva Mills case of 1980, the Supreme Court considered
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federalism and the supremacy of the constitution as the basic features of the Indian
constitution. In S.R. Bommai vs Union of India, the secular character of the state was added
to the basic structure of the Indian constitution.
1.12 CONCLUSION
A constitution is a legal document. It is a collection of rules and regulations of the country

i.e. rules of governance of the country. The Constitution of India was framed by a Constituent
Assembly. It took 2 years 11 months and 18 days to draft the Constitution of India. The
constitution arises from certain social situations that help in arousing sentiment for thinking
of a constitution. War, rebellion, and revolution are the propelling circumstances that can
help in writing the constitution. The drafting committee consisted of seven members, headed
by B.R. Ambedkar. The constitution was finally completed and adopted on November 26,
1949, and came into force on January 26, 1950. The original constitution consists of eight
schedules, 22 chapters, and 395 articles. The constitution has been amended more than a
hundred times. The constitution of India is a written one. While the US constitution is the
shortest in the world, the constitution of India is the longest in the world. Given the size of
the country and the greater diversity in matters of language, castes, religion, poverty,
illiteracy, and malnutrition, it is obvious that the constitution tried to address those problems
under its ambit. It is a sovereign, democratic republican constitution where power is
essentially vested with the people. The head of the country is elected. Although socialist and
secular were not part of the preamble, these terms were later added to the 42nd Amendment
Act of the Constitution in 1976. There are some essential basic features of the Indian
constitution, such as the written constitution, longest constitution, federal government,
socialist state, secular state, fundamental rights, directive principles of state policy,
fundamental duties, sovereign-democratic republic, supremacy of the constitution,
compromise between Parliamentary supremacy and judicial review, socialist state, secular
character of the state, and local self-government. Thus, all the institutions, including
government, private, or corporate bodies, and the people of the country have to remain loyal
to the constitution and respect its sanctity with letter and spirit.
1.13 SELF-ASSESSMENT QUESTIONS
1. Discuss the constitution of India as a federal and a

2. Explain the basic features of the Indian Constitution.
3. Critically analyse secularism in India in reference to Sarva Dharma Sama Bhava.
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1.14 References
1. Nahak, Duryodhan, (2019), Indian Government and Politics, School of Open

Learning, University of Delhi.
2. Basu, D.D. (2020), Introduction to the Constitution of India, Lexis Nexis Publication.
3. Austin, Granville (1966), Cornerstone of the Indian Constitution, London, Oxford
University Press.
4. Chaudhary, Sudhir, et al. (2016), Oxford Companion to the Indian Constitution, New
Delhi, Oxford University Press.
5. Narang A.S. (1987), Indian Government and Politics, New Delhi, Gitanjali Publishing
House.
6. Awasthy S.S. (1999), Indian Government and Politics, New Delhi, S. Chand
Publications.
7. Ghosh, Peu (2017), Indian Government and Politics, New Delhi, PHL, Learning
Private Limited.
8. Siwach, J. R., (1985), Dynamics of Indian Government and Politics, New Delhi,
Sterling Publishers.
9. Hoveyda, Abbas, (2010), Indian Government and Politics, New Delhi, Pearson, India.
10. Gupta, D.C., (1997), Indian Government and Politics, New Delhi, Vikas Publishing
House.
11. Raj, Hans (1989), Indian Government and Politics, New Delhi, Surjeet Publication.
12. Johari, J.C. (1979), Comparative Government and Politics, New Delhi, Vishal
Publication.
13. Choi, Jungug, and Narendar Kumar, (December 2019), Reservation Policy for
Backward Classes Economic and Political Weekly.
14. Arun, T.K. (May 2019), How India’s Politics has Changed in the Last Five Years,
Economic Times.
15. Sinha, N.K.P. (1965), The Study of Government and Politics in the Different Parts of
India, Indian Journal of Political Science.
16. Ranjan, Prabhash (July 2019) Not A right agenda, the Hindu.
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Unit-II: Constitutional Values

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

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

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

FRATERNITY
Granville Austin analyses the Indian Constitution as a social and revolutionary document.
(Austin 1966) This philosophy is best manifested in Part III of the Indian Constitution. These
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rights are a guarantee against any form of encroachment by the government of the day. So
they are rights that act as limitations on the powers of the government, legislative as well as
executive.
The rights under Part III are considered fundamental for two important reasons.
1) These rights are mentioned in the constitution as guarantees to individuals and groups.
2) These rights are justiciable, i.e., they are enforceable through the courts of law. It also
means that in cases of violation of fundamental rights, the individual can directly
approach the highest court for redressal of his grievance (the Supreme Court of India
or the High Court of the State).
If the government (both state and centre) enacts a law that restricts fundamental rights, such
legislation can be judicially reviewed by the court and could be declared null and void.
The Preamble : “We, the people of India, have solemnly resolved to constitute India into a
sovereign, socialist, secular, democratic, republic, and to secure for all its citizens.”
Justice, social, economic, and political
Liberty of thought, expression, belief, faith, and worship
Equality of status and of opportunity, and to promote among them all
Fraternity, assuring the dignity of the individual and the unity and integrity of the nation;
In our constituent assembly this twenty-sixth day of November, 1949, do HERE by adopting,
enacting, and giving to ourselves these constitutions.
Fundamental Rights
Right to Equality (Article 14–18)
Right to Freedom (Article 19-22)
Right against Exploitation (Article 23–24)
Right to freedom of religion (Article 25–28)
Cultural and Educational Rights (Article 29–30)
Right to constitutional remedies (Article 32)
The original constitution had seven fundamental rights, which also included the right to
property as a fundamental right. Since the right to property was considered a hindrance to the
goals of attaining land reforms and an equitable distribution of wealth, So it was repealed by
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the 44th Constitutional Amendment Act, 1978. The right to property is not a fundamental
right but a legal right under Article 300A.
Fundamental Rights and Human Rights
Fundamental rights are compared to human rights. Human rights are considered to be the
minimum necessary conditions for a dignified life and involve social, political, and cultural
rights. Since fundamental rights also provide security to individuals in social, political, and
cultural aspects, they are also considered fundamental human rights. The extensive action for
the protection of rights is restricted to fundamental rights alone, so all human rights are not
fundamental rights. It is also hailed as the Magna Carta of the Indian Constitution as it
establishes individual liberty and stands against coercion by an individual or state.
Genesis of Fundamental Rights: The inspiration for fundamental rights in India could
be traced to England’s Bill of Rights (1689), the United States (1791), and the French
Declaration of Rights of Man (1789).
The Commonwealth of India Bill drafted by Annie Beasant (1925) demanded seven
fundamental rights, which included free conscience, free expression, freedom of assembly,
non-discrimination on grounds of religion, caste, sex, place of origin, etc.
In 1928, the Nehru Commission, which consisted of representatives of political
parties in India and was headed by Motilal Nehru, proposed a constitutional reform for India.
They called for the dominion status of India and demanded election on the basis of adult
suffrage. Their demands also included guarantees of certain rights that were deemed
fundamental and that also limited the power of the government.
In 1931, the Congress Party adopted a resolution in the famous Karachi Session
committing themselves to the defence of civil rights. They also committed to abolishing
untouchability and serfdom. The resolution also committed to a minimum wage, protecting
the socio-economic rights of ordinary men.
In 1944–45, a Sapru Committee supported the demand for fundamental rights. It was
a non-partisan committee consisting of intellectuals, of which Tej Bahadur Sapru was its
chairman. When India moved towards the making of their constitution, the constitution
makers gave importance to the idea of fundamental rights. The committee on fundamental
rights was headed by Sardar Patel, and the subcommittee on minority rights was headed by
Acharya Kriplani. (Ray, 2003)
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Nature of Fundamental Rights

The Fundamental Rights are not mere impositions of prevailing practices in another country.
But it is framed after careful consideration of India’s socio-political and socio-economic
circumstances.
(1) Issue of being an absolute right: The fundamental rights guaranteed in our
constitution are not absolute. There are reasonable restrictions that can be imposed on
these fundamental rights under the required conditions and circumstances.
(2) Justifiability of Rights: Article 32 makes it justiciable by conferring rights on every
citizen to move to the highest court of the land for enforcement of his or her
fundamental rights.
(3) Rights available to citizens alone: Although they are in the nature of human rights
and are universal in application, there are certain safeguards that have been provided
to citizens of the country alone. It is with respect to the social, political, and cultural
contexts of India. The rights available to citizens alone are equality of opportunity in
matters of public employment, protection from discrimination on any ground,
freedom of speech, expression, association, movement, residence, and profession, and
cultural and educational rights of minorities, etc.
(4) Amend ability of rights: After several tussles between the legislature and judiciary,
the Supreme Court has held that parliament can amend and abridge fundamental
rights, but not in such a manner as to change the basic structure of the constitution.
Amend ability of Fundamental Rights: The question of whether fundamental rights
can be amended under Article 368 came to the attention of the Supreme Court in
Shankari Prasad.
(5) Union of India: It challenged the validity of the 1st Amendment to the Constitution.
In this case, it was held that a constitutional amendment will also be held lawful even
if it limits or eliminates some fundamental rights. A similar decision was given by the
Supreme Court in Sajjan Singh v. State of Rajasthan, which challenged the validity of
the 17th Amendment. (1965) SC 845) In Golaknath v. State of Punjab, the validity of
the Constitution (17th Amendment) Act, 1964, was again challenged, which inserted
certain state
Acts in the Ninth Schedule The Supreme Court, in its landmark decision, overruled the
decision given in Shankari Prasad’s and Sajjan Singh’s cases. It held that the Parliament had
no power, from the date of this decision, to change Article III of the Constitution in a way
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that restricts or eliminates fundamental rights. Eleven judges participated in this decision,
with the ratio being 6:5. The judges were worried about the numerous amendments made to
abridge fundamental rights since 1950. The Chief Justice applied the doctrine of prospective
overruling and held that this decision will have only prospective operation and, therefore, the
1st, 4th, and 17th amendments will continue to be valid. It means that all cases decided
before the Golaknath’s case shall remain valid. (AIR 1967 SC 1643)
In order to remove difficulties created by Golaknath’s decision, parliament enacted the 24th
Amendment. The amendment has made the following changes:
(1) It added a new clause (4) to Article 13, which provides that nothing in this article
shall apply to any amendment of this constitution made under Article 368.
(2) It submitted a new heading to Article 368: Power of Parliament to Amend the
Constitution and Procedure; therefore, instead of Procedure for Amendment of the
Constitution,
(3) It inserted a new subsection (1) in Article 368, which provides that notwithstanding
anything in the Constitution, 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 Article 368. Thus, the 24th Amendment
restored the amending power of the Parliament.
The validity of the 24th Amendment was challenged in the case of Kesavananda Bharati v.
State of Kerala (1973). It challenged the validity of the Kerala Reforms Act, 1963. But during
the pendency of the petition, the Kerala Act was placed in the Ninth Schedule by the 29th
Amendment. The question in the case involved about the amending involved was the extent
of the amending power conferred by Article 368 of the Constitution. A special bench of 13
judges was constituted to hear the case. The Court, by majority, overruled Golaknath’s case,
which denied Parliament the power to amend the fundamental rights of citizens. The Court
held that under Article 368, Parliament is not empowered to amend the basic structure or
framework of the Constitution. (AIR 1973 SC 1461)
After the decisions of the Supreme Court in Kesavananda Bharati, the Indira Gandhi
government passed the Constitution (42nd Amendment) Act, 1976, which added two new
clauses, namely, clauses (4), which provided that no constitutional amendment (including the
provision of Part III) or purporting to have been made under Article 368, whether before or
after the commencement of the Constitution (42nd Amendment) Act, 1976, shall be called in
any court on any ground. Clause (5) removed any doubts about the scope of the amending
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power. It declared that there shall be no limitation whatsoever on the constituent power of
Parliament to amend by way of addition, variation, or repeal of the provisions of the
Constitution under this Article.
Thus, the insertion of these clauses made it clear that the basic structure of the Constitution
could be amended. In Minerva Mills v. Union of India (1980), the Supreme Court, by a 4 to 1
majority, struck down clauses (4) and (5) of Article 368 inserted by the 42nd Amendment on
the ground that these clauses destroyed the essential feature of the basic structure of the
Constitution. (AIR 1980, SC 1789)
Since these clauses removed all limitations on the amending power and thereby conferred an
unlimited amending power, they were destructive to the basic structure of the Constitution.
The judgement of the Supreme Court thus makes it clear that the Constitution, not the
Parliament, is supreme in India. The Parliament owes its existence to the Constitution, and it
cannot take priority over the Constitution. Therefore, this landmark decision ended the long
controversy between the courts and the executive. Therefore, at present, the position is as
follows:
(1) Fundamental rights may be repealed or curtailed by passing a Constitution
Amendment Act, according to the procedure laid down in Art. 368.
(2) Though fundamental rights are not immune from amendment, the amendment of a
particular right may be annulled if the Supreme Court holds that particular right or its
part that has been taken away by amendment constitutes a’ basic’ feature’ of the
Constitution.
(3) So long as any particular fundamental right is not thus taken away by amending the
Constitution, it constitutes a limitation on the legislative power of parliament as well
as the state legislatures, and any law made by either legislature in contravention of
such fundamental rights will be held to be void by the Supreme Court unless protected
by the Constitution itself, for example, by Art. 31A, by the 9th Schedule, read with
Art. 313, etc.
So the Theory of Basic Structure very effectively proved to be a limitation on the amending
power of the Parliament. The Basic Structure doctrine applies only to the constitutionality of
amendments and not to ordinary acts of Parliament, which must conform to the entirety of the
Constitution and not just its basic structure.
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2.4 JUSTICE: SOCIAL, POLITICAL, ECONOMIC
The word “Justice” has been used three times in the Preamble to guarantee it in terms of
social, economic, and political justice. The Constitution includes chapters on fundamental
rights and directive principles of state policy to accomplish these goals. Eliminating social
barriers based on caste, class, creed, colour, sex, religion, and other factors is the goal of
social justice. It seeks to create equality by outlawing discrimination on the aforementioned
grounds. The Untouchability (Offences) Act (1955), which was revised and renamed the
Protection of Civil Rights Act, 1955, defined social barriers like untouchability as illegal.
Similar to this, the Constitution upholds reserves for underprivileged classes in order to
equalise them with the majority. The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, and the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Rules, 1995, were passed by the government to stop atrocities against Dalits. On
March 31, 1995, the Act's regulations were made public. The Constitution also permits
reservations for women in some positions and other situations. As a result, the Constitution
protects Scheduled Castes, Scheduled Tribes, and other disadvantaged groups in society
through “protective discrimination. In general, the constitution's authors wanted to create a
welfare state in India. The terrible persecution of Dalits and the politicisation of social issues
like caste and religion have created concerns about the actualization of social justice in India,
despite the efforts of various governments to bring these lofty principles of social justice to
life.
Social justice and economic justice are closely intertwined. Economic justice attempts
to eliminate discrimination in the marketplace by ensuring equal remuneration for equal
effort for all, just as social justice aims to eliminate disparities and prejudice amongst
citizens. It entails giving everyone an equal chance when applying for positions in the public
sector. It involves making sure that wealth is distributed fairly, ending monopoly control over
the means of production and distribution, and prohibiting discrimination against people based
on their perceived economic worth. Again, it is clear from the Constitution's creators'
conception of economic fairness that each succeeding administration in India should make a
sincere attempt to create a welfare state. “I trust this Constitution itself will lead us to the real
freedom that we have clamoured for,” Nehru said during the Constituent Assembly debates,
“and that real freedom, in turn, will bring food to our starving peoples, clothing for them,
housing for them, and all manner of opportunities for progress. especially after the phase of
liberalisation, disinvestment, and privatisation that began in India from the 1990s on.
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Assuring India's citizens of fair and free political involvement is known as political
justice. This is ensured in India by the establishment of universal adult suffrage (Article 326),
which is done without regard to factors such as caste, class, sect, sex, religion, or the like.
The democratic political system in India depends critically on the freedom of association, the
freedom of assembly, the expression of opinion, electoral participation, and the right to
knowledge. In order to ensure that women participate in politics and decision-making, the
Women's Reservation Bill—which was passed by the Rajya Sabha but is still pending in the
Lok Sabha—was moved. Women have historically been excluded from politics. This
demonstrates that India still has a ways to go before establishing political fairness for all
societal segments. Furthermore, the Indian State has been prevented from fulfilling the goal
of political justice for all due to corruption and the criminalization of politics.
2.5 LIBERTY: THOUGHT, EXPRESSION, BELIEF, FAITH,

WORSHIP
Article 19(1) of the constitution gives citizens the right to freedom of speech and expression,
to assemble peacefully, to form unions or associations, to move freely throughout the
territory of India, and to practice any trade or profession. It is important to note here that
these rights are not absolute and have been limited by reasonable restrictions.
The restrictions are defined in clauses 2–6 under Article 19. In order to restore
balance between freedom and social contract, these reasonable restrictions are imposed where
freedom of expression is subject to being restricted on grounds of decency, morality, public
order, friendly relations with foreign countries, and the unity and integrity of India. Although
the reasonableness of restrictions imposed by the state can be judged by the judiciary,
Article 20 says that criminal legislation cannot be implemented retrospectively. That
means a criminal can be punished for the crime that prevails on the day of offence. In the
same article, clause B says that a person cannot be forced to give evidence against himself.
Article 21: Right to Life It has been the most holistically interpreted article, which has
added a new dimension to the lives of ordinary people in the country. This article is also
protected by the writ of habeas corpus under Article 32, which means to have the body. This
is mainly practiced in cases of illegal imprisonment without sufficient evidence.
The right to education was made a fundamental right under Article 21A of the 86th
Constitutional Amendment of 2002. It stipulates that the state provide free and compulsory
education to all between the ages of 6 and 14.
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Article 22 deals with safeguards against arbitrary arrest and detention.

Right Against Exploitation (Article 23–24)
Article 23 prohibits trafficking in human beings and prevents people from engaging in forced
labour.
Article 24 deals with the prevention of child labour in hazardous circumstances like mines or
factories.
Freedom of Religion (Article 25–28)
Article 25 deals with freedom of conscience and the practice and propagation of religion.
Article 26 deals with the freedom to manage religious affairs by establishing charity, to
acquire property for religious purposes, etc.
Article 27 gives individuals the freedom to not pay any tax for the promotion of any religion.
Article 28: Freedom to not attend any religious instruction in certain educational institutions
Cultural and educational rights (Article 29–30)
2.6 EQUALITY: EQUALITY BEFORE LAW & EQUAL

APPLICATION OF LAWS
Right to Equality (Article 14–18) Equality before Law and Equal Application of Laws These
articles cover the issue of equality comprehensively by adopting universally accepted
standards for creating an equal society.
Article 14 implies equality before the law and equal protection of the law. Equality
before law implies that no person has any special privilege with respect to the law of land.
The Union of India v. Charnjit Lal Choudhury case from 1950, in which the Supreme
Court of India interpreted the application of Article 14, was upheld.
(1) By “Equal Protection,” we mean “Equal Protection in Equal Situations.”
(2) The state may classify reasonably for legislative purposes.
(3) Legislation is supported by the presumption of reasonableness.
(4) Those who contest the law have the burden of proof.
Equal protection of the law implies equality of treatment in similar circumstances by the law,
and it also permits differences in differential circumstances. For example, women in India
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may be placed in a favourable position during the enactment of a law because of unequal
circumstances between men and women.
Article 15 prevents discrimination on grounds of religion, caste, sex, or place of birth.
Article 16 provides equality of opportunity in matters of public appointment or appointment
to any office.
Article 17 abolishes untouchability from being practiced in India. While Article 18
abolishes all forms of title, leading to an era of equal treatment of citizens by the state, (Basu
2005)
2.7 FRATERNITY: DIGNITY, UNITY AND INTEGRITY

Each state strives to attain national integration as a goal. This can be accomplished by
upholding people's dignity and encouraging a spirit of fraternity. To create national unity in a
country with various cultures, religions, languages, castes, and communities, it is crucial to
nurture the brotherly spirit. The prologue was appropriately altered in 1976 to achieve this
goal and inserted to foster a stronger sense of fraternity among Indians. It also seeks to
protect a person's dignity. In order to strengthen national unity and integrity and to develop
the spirit of fraternity, special rights have been given to minorities in Articles 29 and 30 of
the Constitution.
Article 29 deals with the protection of the language, scrip, and culture of the minority.
It also debars admission on grounds of religion, race, sex, or language in institutions managed
by state funds.
Article 30 grants a right to minority communities to manage and administer
educational institutions for the preservation of their script and culture.
Right to Constitutional Remedies (Article 32)
It is the most important fundamental right as it confers the right on citizens to move the
Supreme Court for enforcement of the rights conferred by Part III. It is Article 32 that gives
fundamental rights such a pride of place within the Indian Constitution.
To achieve the above constitutional values, several major provisions have been
mentioned as directive principles of state policy, which are as follows:
Directive Principles of State Policy
The directives contained in Articles 36–51, Part IV, lay down a comprehensive programme
for social and economic order in India. The constitution makers had the foresight to design
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directives in a manner where Ambedkar thought that future governments would be judged for
their success or failure in implementing the directives under DPSP. It is different from
fundamental rights in the sense that there is no legal sanction behind the directives. Article 37
explicitly mentions that the provisions are fundamental to the governance of the country, and
the state is duty to apply these principles in lawmaking. It is derived from the Irish
Constitution, and unlike fundamental rights, these are positive obligations on the state.
(Devidas 1975)
Classification
DPSP can be classified under four different ideals it tries to promote. They are socialistic
ideals, Western liberal ideals, Gandhian ideals, and ideals of freedom struggle.
1. Socialistic Ideals (Justice: Social, Political, Economic): (Article 38, 39, 41, 42, 43,
43A, 43B, 45) The directives to minimise inequalities in income and endeavour to
eliminate inequalities in status flow from Article 38. Article 39 tries to create an
adequate means of livelihood for both men and women. Article 41 is an important
directive with regards to the right to work, while Article 42 deals with just and
humane conditions for work, including maternity relief. Article 43 is a directive for
the promotion of a decent living wage and the promotion of cottage industries. Article
43A is a directive to make workers participants in the management of industries.
Article 43B, inserted by the 97th Amendment, is an attempt to professionalise the
management of cooperative societies. Article 45 is a provision for early childhood
care and education for children below 6 years of age. All these ideals entail the
creation of a society on socialistic lines, thereby promoting socialistic ideals. (Basu
2005).
2. Gandhian Ideals: (Article 40, 46, 47, 48) Article 40 is the fulfilment of the long-held
Gandhian dream of organising socio-political life with the village as the base of such
an organisation. The directive for the organisation of village Panchayat is the
fulfilment of the same dream realised by the 73rd and 74th Constitutional
Amendments (1993), thereby ushering Panchayati Raj in India. Article 46 deals with
promoting the educational and economic interests of scheduled castes, scheduled
tribes, and other weaker sections. Article 46 deals with improving nutritional levels
and public health. So, the idea of prohibition flows from this directive. Article 48 is an
important directive on the organisation of agriculture and animal husbandry. It also
asks for prohibiting the slaughter of cows, calves, and other milchcattle.
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3. Western Liberalism (Article 39A, 44, 50) Article 39 deals with free legal aid to
promote equality in justice. Article 44 is a directive to implement a uniform civil code
in India for the promotion of uniformity in the civil code, thereby realising a sense of
unity and integrity. Article 50 deals with the separation of the judiciary from the
executive in the public services of the state.
4. Ideals of Freedom Struggle (Article 48A, 49, 51) Article 48A is a directive to
safeguard the forests, environment, and wildlife of the country. Article 49 deals with
the protection of monuments, places, and objects of national importance. Article 51
aims to promote international peace and security.
2.8 CONCLUSION
In our endeavour to establish the superiority or inferiority of any part, we may conclude that
the two are antithetical. But both of these, when taken together, can lead to a sense of
commitment towards social revolution. The most significant context for the evolution of
these principles should not be forgotten. We framed these principles under complex
circumstances, trying to implement these ideals in a diverse and complex society plagued by
a very disturbed past. The constitution makers did a great job of assessing the practices
globally and meticulously designing the basket of rights and constitutional values to usher
India into a more modern and egalitarian society. The parts of the constitution dealing with
fundamental rights and directive principles of state policy and preamble also not only
enumerate the obligations of the state but also serve as the bedrock of nation-building and
values. These parts have the potential to lead India into an egalitarian, just, and free society.
So instead of preceding one over the other, we should judge them as complementary to each
other. The more India grows in its financial clout, the more principles of directives will find
their way to legislation in the long run. These principles strengthen the spirit of
constitutionalism and values, making us more free and secure.

1. Define the Social, Political and Economic justice in Indian constitution.
2. Briefly explain Liberty, Thought, Expression, Faith, Worship as a fundamental rights.
3. What is equality? Explain equality Before Law mentioned under Article 14.
4. Describe the fraternity in Indian Constitution.
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2.10 REFERENCES
1. Jha, Kumar Ashutosh, (2019), Constitutional Government and Democracy in India,
School of Open Learning, University of Delhi.
2. Basu, D.D. (2020) Introduction to the Constitution of India, Lexis Nexis Publication.
3. Reddy, S. Sundara Rami Fundamental Ness Of Fundamental Rights And Directive
Principles In The Indian Constitution, Journal of the Indian Law Institute, Vol. 22, No.
3 (July-September 1980), pp. 399- 407
4. Austin , Granville The Indian Constitution Cornerstone of a Nation, Oxford University
Press, Delhi, 1966, p 50.
5. Ray, Aswini K Human Rights Movement in India: A Historical Perspective, Economic
and Political Weekly, Vol. 38, No. 32 (Aug. 9-15, 2003), pp. 3409-3412
6. Sharan, P. Constitution of India and Judicial Review The Indian Journal
7. Political Science, Vol. 39, No. 4 (Oct-Dec. 1978), pp. 526-537 1952 ) 1 SCR 89.
Shankari Prasad v. Union of India
8. (1965) SC 845 Sajjan Singh vs state of Rajasthan AIR 1967 SC 1643 Golak nath vs
state of Punjab
9. AIR 1973 SC 1461 Kesavananda Bharati v. State of Kerala AIR 1980 SC 1789
Minerva Mills v. Union of India
10. Air 1951 SC 226. State of Madras vs. Srimathi Champakam Dorairajan
11. AIR 1951 Pat 246 Kameshwar Singh vs Province Of Bihar on 24 January, 1950
12. 1958 AIR 731, 1959 SCR 629Mohd.Hanif Quareshi & Others vs The State Of
Bihar(And Connected ... on 23 April, 1958
13. Author(s): Devidas, T. DIRECTIVE PRINCIPLES: SENTIMENT OR SENSE?
Journal of the Indian Law Institute, Vol. 17, No. 3 (July-September 1975), pp. 478-
480
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Unit-III: Fundamental Duties

(a) REFLECTING ON THE ANCIENT INDIAN NOTIONS OF
RIGHTEOUSNESS AND DUTY CONSCIOUSNESS
(b) FUNDAMENTAL DUTIES- ARTICLE 51A [(A)- (K)]
(c) LEGAL STATUS OF FUNDAMENTAL DUTIES - JUDICIAL
APPROACH
Dr. Mangal Deo
Dr. Shiksha Rani
STRUCTURE
3.1 Learning Objectives
3.2 Introduction
3.3 Reflecting on the ancient Indian notions of righteousness
3.4 Duty consciousness
3.5 Fundamental Duties- Article 51A [(a)- (k)]
3.6 Legal status of Fundamental Duties - Judicial approach
3.7 Conclusion
3.8 Self-Assessment Questions
3.9 References
• Study of the reflecting on the ancient Indian notions of righteousness and duty
consciousness
• Study of Fundamental duties- article 51a [(a)- (k)]
• Study of Legal status of fundamental duties - judicial approach
3.2 INTRODUCTION
Rights and duties are complementary to each other in human life. In ancient Indian religion
and culture, more emphasis was placed on duties because it was believed that if you followed
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your duties, you would automatically get your rights. In the modern period, more importance
was given to authority. In the latter concern, only rights have been discussed; duties have not
been discussed in detail. Duties were not mentioned in the basic constitution of India either.
The concept of rights under the constitution cannot be practical until all the people
perform their respective duties, so the basic duties of citizens were mentioned in the
constitutions of countries like the Soviet Union, China, Hungary, Japan, and Italy. From a
theoretical point of view, fundamental duties are seen as guiding principles for the individual,
which not only limit his behaviour and inspire him to creative work but also determine his
role as a conscious citizen of the nation.
3.3 REFLECTING ON THE ANCIENT INDIAN NOTIONS OF

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

upright beliefs, motivations, words, deeds, ways of living, efforts, etc.
With the 1904 discovery of Kautilya's Arthasastra, a revolution in Indian political
philosophy began. A Pandit from Tanjore District presented a manuscript of the text and a
commentary on a brief section of it by a writer by the name of Bhattasvamin to R.
Shamasastry, Librarian, Mysore Government Oriental Library. In January 1905, Mr.
Shamasastry presented a summary of his research in the Indian Antiquary (Bombay). Over
the years, skilled Indian and Western specialists carefully examined the original papers, and
Shamasastry's English translation underwent a series of revisions until it passed their most
stringent inspection. The legitimacy of the Arthasastra as a document of fundamental
importance in Hindu politics was thereafter fully confirmed. Nevertheless, despite extensive
research, analysis, and discussion, there is still some controversy over the precise authorship
of Arthasastra. There are still some open issues: I Was the Kautilya who co-ruled
Chandragupta in the Mauryan Empire the same Kautilya who composed the Arthasastra?
(ii) Or was the Arthasastra created by Kautilya's minister-statesmen, advisors, and followers?
(iii) Alternatively, is Kautilya just a moniker (Upnaam) given, similar to how Manu is given
to the Manusamhita, to denote a mythological author when in reality, the Arthasastra was the
work of several scholars? (iv) The Arthasastra was composed either in the fourth century BC
or at some point between the fourth century BC and the third century AD. These questions
have never been definitively answered, and prominent authorities who have thoroughly
researched the aforementioned questions have come to different conclusions. The truth is that
not much trustworthy information has been gathered concerning the author of Arthasastra. At
the conclusion of each of the 150 chapters, the author identifies himself as Kautilya and
reiterates his promise to topple the Nanda dynasty. The author also refers to himself as
Chanakya and Vishnugupta.
According to Dr. Ganapati Sastri, the revered acharya was born in the Kutala gotra and
hence had the name Kautalya rather than Kautilya. He was also known by the names
Chanakya and Vishnugupta because of his parents' baptism of him under the latter name.
Nevertheless, everyone agrees that the Arthasastra is the most significant work in Hindu
politics, despite differing opinions regarding the author. It differs from the more theoretical
writings of earlier Brahmana schools because of its profound political realism and concern
for real-world issues with administration, adjudication, and governmental control. Also
provided are sharp insights into a study of Mauryan Empire politics. Therefore, if not the sole
author of the Arthasastra, the Brahmana politician is acknowledged as being at least the
driving force behind its compilation and argument. The Indian tradition attributes Chanakya
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with writing the Arthasastra, which is the most crucial factor to take into account for the
purposes of this study. The leaders of Indian nationalism argue that Kautilya was the minister
and Shastra writer, that the Arthasastra is a genuine product of the political philosophy and
practical politics of Chandragupta's empire, and that modern Indian scholars nearly
universally agree that this tradition is accurate. Thus, according to Indian mythology,
Kautilya, the creator and/or inspiration behind the “craft of politics,” was Kautilya the
statesman.
As the name suggests, the Kautilya Arthasastra is a dissertation on Arthasastra. Artha
literally translates to “the land inhabited by men” or “the nourishment or livelihood (vrttih) of
men.” The science known as Arthasastra provides the means for acquiring and safeguarding
the planet. The Arthasastra is primarily concerned with the general well-being on earth,
which may be achieved by state activity alone because Artha has long stood for material
well-being. Thus, Arthasastra is a science that studies state affairs. It is the science of politics,
administration, and statecraft. By separating itself from moral philosophy, the Arthasastra
literature focused on practical, political, and administrative issues within the larger moral
system. Arthasastra partially combines economics and politics because the Hindu tradition
does not distinguish between them.
3.4 DUTY CONSCIOUSNESS

In the current situation, not only in India but also globally, more emphasis is being placed on
duties rather than rights because it is believed that people do not follow the duties completely
simply by mentioning them in the constitution; as a result, citizens must be aware of their
responsibilities. Today people perform their duties under fear or pressure, while they should
perform their duties automatically. A sense of duty consciousness is automatically embedded
in Indian civilization and culture. In ancient Indian texts, along with the duties of the king,
there is also a detailed description of the responsibilities of the subjects. In Indian society,
there is a sense of automatic duty consciousness; a person performs his various societal
responsibilities as if it were a duty. Today, there is a need to further strengthen the sense of
duty consciousness. Along with constitutional norms, the development of a sense of duty
consciousness will be a significant factor.
We see that the Indian freedom struggle was inspired by the feeling of the highest duty,
in which people were naturally ready to make big sacrifices in the interest of the nation, so
the Constituent Assembly did not consider it appropriate to place the fundamental duties in
the constitution, but looking at the examples of other nations and the post-independence
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experiences, the need for fundamental duties was felt. That's why the Indira Gandhi
government formed the Swaran Singh Commission in the context of the fundamental duties
and considered it the duty of this commission to submit suggestions regarding the
fundamental duties. Based on a study of several world constitutions and Indian conditions,
the Swaran Singh Commission presented its recommendations regarding the fundamental
duties of respecting the constitution and laws.
• Respecting the constitution and laws
• Upholding the sovereignty of the nation
• Active for unity
• Respecting democratic institutions
• Defence of the country
• To be ready for military service if required
• Abstaining from all forms of communalism
• To promote the equal welfare of all people in the interest of social and economic
justice
• abstaining from violence
• Protecting public property
• Recommendations were made regarding duties based on the law, such as paying taxes,
etc.
3.5 FUNDAMENTAL DUTIES- ARTICLE 51A [(A)- (K)]

Based on the recommendations of the Swaran Singh Committee, an additional Part 4 (A) and
Article 51 (A-K) were added to the Constitution by the 42nd Constitutional Amendment in
1976. Ten basic duties were mentioned in this. Another fundamental duty was added to this
section in 2002 by the 86th Constitutional Amendment. As a result, its total number has now
increased to 11. These basic duties are as follows:
1. Follow the constitution and respect its ideals, institutions, national flag, and national
anthem.
2. To cherish and follow the noble ideals that inspired our national struggle for freedom.
3. Protect the sovereignty, unity, and integrity of India and keep them intact.
4. Defend the country and serve the nation when called upon.
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5. To create harmony and a spirit of common brotherhood among all the people of India,
transcending all discrimination based on religion, language, region, or class, and to
renounce practices derogatory to the dignity of women.
6. Understand the importance of the glorious tradition of our composite culture and
preserve it.
7. Protect and improve the natural environment, including forests, lakes, rivers, and
wildlife, and have compassion for living beings.
8. Develop a scientific temper, humanism, and the spirit of learning and reform.
9. Protect public property and stay away from violence.
10. Strive to strive towards excellence in all activities, individual and collective, so that
the nation continually rises to new heights of endeavour and achievement.
11. “By amending Article 51A of the Constitution, a new clause (K) has been added after
(J), “It shall be obligatory for the parent or guardian of a child of the age of six to
fourteen years to provide education to his child.” There is a provision to provide
opportunities for getting it”.
There has been a difference of opinion regarding the importance of the fundamental duties,
with critics arguing that the observance or violation of the duties took place before or after
their inclusion. if they are of no use. Austin has also said that “citizens either perform their
duties naturally or they are bound by laws; ultimately, it is unnecessary in both cases.”
Along with this, critics say that there is already a system of punishment for many things
mentioned in the “fundamental duties” of penal law and that ultimately it is unnecessary.
Apart from this, some critics also believe that, in view of the social and cultural diversity of
India, these duties have different meanings and ultimately lead to situations of dilemma.
3.6 LEGAL STATUS OF FUNDAMENTAL DUTIES–JUDICIAL

APPROACH
Regarding the fundamental duties, the Supreme Court has kept its opinion from time to time,
such as in the matter of Article 51 (A), the court said that some words mentioned in the
fundamental duties are already mentioned in different parts of the constitution, which is no
need to be described again. As mentioned in Article 351, it shall be the duty of the Union to
promote and develop the Hindi language so that it may become a medium of expression for
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all the elements of the composite culture of India. It is not necessary to repeat this phrase as a
fundamental duty.
The British and Mughals ruled this nation. Due to India's magnificent tolerance, the
Hindu culture absorbed various foreign cultures and grew up with a “composite culture”
[Para 118]. Hinduism developed the resilience to accommodate and imbibe the cultural
richness of religious assimilation with tolerance, and it became a land of religious tolerance
[Para 118]. Each religion created a positive synthesis or blend that enriched the overall Indian
civilization. As a result, our constitutional creed represented our tolerance of all religions
[Para 126].
Of course, neither direct enforcement of these obligations nor the imposition of
penalties to deter infringement are provided for in the Constitution. However, it is possible
that a court will consider a piece of legislation “reasonable” in reference to Article 14 or 19
when deciding whether or not it is constitutional if it finds that it strives to carry out any of
these tasks. This will prevent the law from being declared unconstitutional. It would also
serve as a deterrent to irresponsible citizens from engaging in antisocial behaviours like
setting the Constitution on fire or vandalising property owned by the government.
The Supreme Court has ruled that because a citizen must perform these obligations, it
follows that the state must work towards the same objective. Therefore, in appropriate
circumstances, the Court may offer pertinent instructions about these issues. The Supreme
Court adopted the concept of “sustainable development” as a concept of balance and further
held that the “precautionary principle” and the “polluter pays principle” are acceptable as
parts of the law of the country and should be applied by a court of law in order to give effect
to fundamental duties as enshrined in Article 51-A(g) read with Articles 21, 47, and 48B. In
addition, the Hon'ble Supreme Court ruled that Parts III, IV, and IV-A of the Indian
Constitution should be interpreted to include customary international law principles that are
not in conflict with local laws. The first section lists the essential freedoms; the second
outlines the fundamental tenets of government; and the third specifies the fundamental
responsibilities of citizens. It is always advisable to take into account the scope and effects of
any interpretation on all three constitutional elements resulting from these sections when
interpreting any of these laws. The “duties in Part IV-A” shall not be disregarded even though
basic duties, as described in Article 51-A, are not rendered enforceable by a writ of court in
the same manner that fundamental rights are. The same word “basic” that the Constitution's
framers used to prefix “rights” in Part III is prefixed to Article 51-A. The development of a
scientific mindset and humanism is a crucial obligation for every Indian citizen. He has a
fundamental obligation to pursue excellence in all areas of individual and group endeavour so
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that the country might consistently reach new heights of endeavour and success. Although
Article 51-A does not explicitly impose any fundamental duties on the state, it is nonetheless
true that the obligation of each and every Indian citizen is the collective duty of the state
because the state is all of its citizens put together.
3.7 CONCLUSION
In this way, in any democratic state, along with rights, duties should not only be mentioned in
the constitution, but it is also necessary to in still a sense of duty among the citizens. From
ancient times to the present, there is a strong sense of duty consciousness in Indian society.
Although some degradation seems necessary in the complete performance of duty,
fundamental rights were mentioned in the original constitution, but due to a lack of consensus
in the Constituent Assembly regarding fundamental duties, this mention could not be made at
that time. Through the 42nd Constitutional Amendment, it was included in Part 4A and
Article 51A of the Constitution. proved to be a big historical step. The duty has also been
explained from time to time by the Supreme Court. Some duties have been explained in
conjunction with it. Today, it is necessary to follow duty as well as right by considering it a
moral value. And this can be possible only when there is a sense of duty among the citizens.
Because they are mentioned in the supreme law of the country, they become of special
importance, due to which they become the duty of not only the citizens but also of the
government; ultimately, it can be said that they are in the form of ideals or good wishes.
There can be profit from them, but there is no possibility of loss.

1. Explain the concept of rights and duties consciousness in ancient India.
2. Explain the fundamental duties mentioned in the Indian Constitution.
3. What is fundamental duty? Examine the view of the Supreme Court on duties.
3.9 REFERENCES
1. Basu, D.D. (2020) Introduction to the Constitution of India, Lexis Nexis Publication.
2. Reddy, S. Sundara Rami Fundamental Ness Of Fundamental Rights And Directive
Principles In The Indian Constitution, Journal of the Indian Law Institute, Vol. 22,
No. 3 (July-September 1980), pp. 399- 407
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3. Austin , Granville The Indian Constitution Cornerstone of a Nation, Oxford

University Press, Delhi, 1966, p 50.
4. Sharan, P. Constitution of India and Judicial Review The Indian Journal
5. Narang A.S. (1987), Indian Government and Politics, New Delhi, Gitanjali Publishing
House.
6. Ghosh, Peu, (2017) Indian Government and Politics, New Delhi, PHL, Learning
Private Limited.
7. Siwach, J. R., (1985) Dynamics of Indian Government and Politics, New Delhi,
Sterling Publishers.
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Constitutional Values and Fundamental Duties (University of Delhi)

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Constitutional Values and Fundamental Duties

Sl. No. Title Writer Pg. No.

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

Unit-II Constitutional Values Dr. Mangal Deo 15

Unit-III Fundamental Duties Dr. Mangal Deo 29

Contributor’s Name Designation

Dr. Mangal Deo Assistant Professor, PGDAV College, DU

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Constitutional Values and Fundamental Duties

Unit-I : The Constitution of India-An Introduction

1.1. Learning Objectives

1.1 LEARNING OBJECTIVES

• Study of constitutional development and the constitution making process in India

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1.3 THE SALIENT FEATURES OF INDIAN CONSTITUTION

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Constitutional Values and Fundamental Duties

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Constitutional Values and Fundamental Duties

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1.4 FEDERAL REPUBLIC

1.5 RULE OF LAW

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1.6 SEPARATION OF POWERS

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

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1.10 SECULARISM AND SARVA DHARMA SAMA BHAVA

1.11 BASIC STRUCTURE

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