Ge8074 Unit 4 - Human Rights

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UNIT-IV
Human Rights in
4 India-Constitutional
Provisions / Gaurantees
Syllabus
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Human Rights in India - Constitutional Provisions / Guarantees.
Contents
4.1
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Fundamental Rights
4.2
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Fundamental Duties Article 51 A
4.3
4.4 ngi
Directive Principles of State Policy : Articles 36-51
Constitutional Provisions / Guarantees
Two Marks Questions with Answers

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Review Questions
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(4 - 1)
Human Rights 4-2 Human Rights in India-Constitutional Provisions / Guarantees
4.1 Fundamental Rights

 Derogation of the fundamental rights
 Prohibition of discrimination
 Right to education
 Freedom as to attendance at religious instruction
 Right of minorities.
4.1.1 Laws Inconsistent with or in Derogation of the Fundamental Rights
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1. All laws in force in the territory of India immediately before the commencement of
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this constitution, in so far as they are inconsistent with the provisions of this part,
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shall, to the extent of such inconsistency, be void.
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2. The state shall not make any law which takes away or abridges the rights conferred
by this part and any law made in contravention of this clause shall, to the extent of
the contravention, be void.
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3. In this article, unless the context otherwise requires,
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a. Law includes any ordinance, order, bye-law, rule, regulation, notification, custom
or usage having in the territory of India the force of law;
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b. Laws in force includes laws passed or made by a legislature or other competent
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authority in the territory of India before the commencement of this constitution
and not previously repealed, notwithstanding that any such law or any part
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thereof may not be then in operation either at all or in particular areas.
4. Nothing in this article shall apply to any amendment of this constitution made
under article 368.
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4.1.2 Prohibition of Discrimination - Article 15
1. The state shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them.
2. No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of
them, be subject to any disability, liability, restriction.
a. Access to shops, public restaurants, hotels and places of public entertainment;
b. The use of wells. tanks, bathing ghats, roads and places of public resort aintained
wholly or partly out of state funds or dedicated to the use of the general public.
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3. Nothing in this article shall prevent the state from making any special provision for
women and children.
4. Nothing in this article or in clause (2) of article 29 shall prevent the state from
making any special provision for the advancement of any socially and educationally
backward classes of citizens or for the scheduled castes and the scheduled tribes.
4.1.3 Right to Education - Article 21A

1. The state shall provide free and compulsory education to all children of the age of
six to fourteen years in such manner as the state may, by law, determine.
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The RTE act provides for the :
 Right of children to free and compulsory education till completion of elementary
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education in a neighborhood school.
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 It clarifies that ‘compulsory education’ means obligation of the appropriate
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government to provide free elementary education and ensure compulsory
admission, attendance and completion of elementary education to every child in the
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six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind
of fee or charges or expenses which may prevent him or her from pursuing and
completing elementary education.
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 It makes provisions for a non-admitted child to be admitted to an age appropriate
class.
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 It specifies the duties and responsibilities of appropriate governments, local
authority and parents in providing free and compulsory education, and sharing of
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financial and other responsibilities between the central and state governments.
 It lays down the norms and standards relating inter alia to Pupil Teacher Ratios
(PTRs), buildings and infrastructure, school-working days, teacher-working hours.
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 It provides for rational deployment of teachers by ensuring that the specified pupil
teacher ratio is maintained for each school, rather than just as an average for the
State or District or Block, thus ensuring that there is no urban-rural imbalance in
teacher postings. It also provides for prohibition of deployment of teachers for non-
educational work, other than decennial census, elections to local authority, state
legislatures and parliament, and disaster relief.
 It provides for appointment of appropriately trained teachers, i.e. teachers with the
requisite entry and academic qualifications.

 It prohibits (a) physical punishment and mental harassment; (b) screening

procedures for admission of children; (c) capitation fee; (d) private tuition by
teachers and (e) running of schools without recognition.
 It provides for development of curriculum in consonance with the values enshrined
in the constitution and which would ensure the all-round development of the child,
building on the child’s knowledge, potentiality and talent and making the child free
of fear, trauma and anxiety through a system of child friendly and child centered
learning.
4.1.4 Freedom as to Attendance at Religious Instruction Article 28

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Freedom as to attendance at religious instruction or religious worship in certain
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educational institutions :
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1. No religious instruction shall be provided in any educational institution wholly
maintained out of state funds.
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2. Nothing in clause (1) shall apply to an educational institution which is administered
by the state but has been established under any endowment or trust which requires
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that religious instruction shall be imparted in such institution.
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3. No person attending any educational institution recognised by the state or receiving
aid out of state funds shall be required to take part in any religious instruction that
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may be imparted in such institution or to attend any religious worship that may be
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conducted in such institution or in any premises attached thereto unless such
person or, if such person is a minor, his guardian has given his consent thereto.
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4.1.5 Right of Minorities - Article 30
1. All minorities, whether based on religion or language, shall have the right to
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establish and administer educational institutions of their choice.
1A. In making any law providing for the compulsory acquisition of any property of an
educational institution established and administered by a minority, referred to in
clause (1), the state shall ensure that the amount fixed by or determined under such
law for the acquisition of such property is such as would not restrict or abrogate the
right guaranteed under that clause.
2. The state shall not, in granting aid to educational institutions, discriminate against
any educational institution on the ground that it is under the management of a
minority, whether based on religion or language.

4.2 Fundamental Duties Article 51 A

It shall be the duty of every citizen of India
(a) To abide by the constitution and respect its ideals and institutions, the national
flag and the national anthem;
(b) To cherish and follow the noble ideals which inspired our national struggle for
freedom;
(c) To uphold and protect the sovereignty, unity and integrity of India;
(d) To defend the country and render national service when called upon to do so;
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(e) To promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
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diversities; to renounce practices derogatory to the dignity of women;
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(f) To value and preserve the rich heritage of our composite culture;
(g) To protect and improve the natural environment including forests, lakes, rivers
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and wild life and to have compassion for living creatures;
(h) To develop the scientific temper, humanism and the spirit of inquiry and reform;
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(i) To safeguard public property and to abjure violence;
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(j) To strive towards excellence in all spheres of individual and collective activity so
that the nation constantly rises to higher levels of endeavour and achievement;
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(k) Who is a parent or guardian to provide opportunities for education to his child or,
as the case may be, ward between the age of six and fourteen years.
The following are the duties in our constitution : g .ne
and the national anthem- It is the duty of every citizen to respect the ideals, which
include liberty, justice, equality, fraternity and institutions namely, executive, the
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a) To abide by the constitution and respect its ideals and institutions, the national flag
legislature and the judiciary. Hence all of us are supposed to maintain the dignity of
constitution by not indulging in any activities which violate them in letter and
spirit. It also states that if a citizen by any overt or covert act shows disrespect to the
constitution, the national anthem or the national flag it would spell doom to all our
rights and very existence as citizens of a sovereign nation.
b) To cherish and follow the noble ideals which inspired our national struggle for
freedom-The citizens of India must cherish and follow the noble ideals which
inspired the national struggle for freedom. These ideals were those of building a
just society and a united nation with freedom, equality, non violence, brotherhood
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remain conscious of and committed to these

ideals, we will be able to rise above the various separatist tendencies raising their
ugly heads now and then, here and there.
c) To uphold and protect the sovereignty, unity and integrity of India- it is one of the
pre eminent national obligations of all the citizens of the India. India is a vast and
diverse nation with different caste, religion, sex and linguistic people; if freedom
and unity of the country are jeopardized then united nation is not possible. Hence
in a way sovereignty lies with the people. It may be recalled that these were first
mentioned in preamble and also under 19(2) of fundamental rights reasonable
restrictions are permitted on freedom of speech and expression in the interest of the
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sovereignty and integrity of India.
d) To defend the country and render national service when called upon to do so - it is
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the duty of every citizen to defend our country against external enemies. All the
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citizens are bound to be conscious of any such elements entering India and also
when in need, they should be ready to take up arms to defend themselves. It is
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addressed to all the citizens other than those belonging to army, navy and the air
force.
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e) To promote harmony and the spirit of common brotherhood amongst all the people
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of India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women - given the vast diversities
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among people, the presence of one flag and single citizenship strengthens the spirit
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of brotherhood among the citizens. It states that people should rise above narrow
cultural differences and strive towards excellence in all spheres of collective
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f) To value and preserve the rich heritage of our composite culture - our cultural t
heritage is one of the noblest and richest, it is also part of the heritage of the earth.
Hence it is our duty to protect what we have inherited from the past, preserve it
and pass on to the future generations. India is also one of the most ancient
civilizations of the world. Our contributions towards art, science, literature is well
known to the world, also this land is birth place of Hinduism, Jainism and
Buddhism.
g) To protect and improve the natural environment including forests, lakes, rivers and
wild life and to have compassion for living creatures - these natural reserves are the
most valued assets of our country hence it is the duty of every citizen to protect it.
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natural calamities is a proof to it. It is also
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reinforced in other constitutional provision under article 48A i.e. directive

principles of state policy which states that, to protect and improve the environment
and safeguard the forests and wildlife.
h) To develop the scientific temper, humanism and the spirit of inquiry and reform - It
is a known fact that it is necessary to learn from the experiences and developments
around the world for our own development. It is duty of every citizen to protect
and promote scientific temper and spirit of inquiry to keep pace with fast changing
world.
i) To safeguard public property and to abjure violence - it is unfortunate that in a
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country which preaches non-violence to the rest of the world, we ourselves see from
time to time incidents of senseless violence and destruction of public property.
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Among all the fundamental duties this one holds a great significance in current
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scenario when strike, protest etc have become a common phenomenon. Whenever
there is a strike or bandh or rally, mob develops mentality to harm public properties
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like buses, buildings and to loot them and citizens who are protectors become mute
spectators.
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j) To strive towards excellence in all spheres of individual and collective activity so
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that the nation constantly rises to higher levels of endeavour and achievement. As
responsible citizens whatever work we take up should be directed towards
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achieving the goal of excellence so that our country constantly rises to higher levels
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of endeavour and achievement. This clause has potential to not only regenerate and
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reconstruct the country but also to raise it to the highest possible level of excellence.
k) Who is a parent or guardian to provide opportunities for education to his child or,
as the case may be, ward between the age of six and fourteen years - it was the
recommendation of national commission to review the working of constitution, to
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make education a fundamental right of all the children up to age of 14. 86th
constitutional amendment act, 2002 however provided for free and compulsory
education as a legally enforceable fundamental right for all children between 6 to 14
years of age.
Criticism of fundamental duties :
 Some of them are difficult to be understood by common people.
 Criticized for being moral precepts, pious platitudes, vague and repetitive.
 No need to be implemented as they all are performed by the people even if not
included.

 Their inclusion in Part IV-A after fundamental rights has reduced their value and
significance.
 Some of the important points which were recommended by Swaran Singh
committee were not included, such as
1. Parliament should impose penalty or punishment in case of noncompliance of
duties.
2. If punishment is imposed according to above clause, it cannot be called in
question in any court on any ground.
3. Duty to pay taxes to be incorporated as fundamental duty.
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 Other important duties like family planning, voting etc should be included.
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Thus, finally it can be said that the government efforts cannot be successful unless
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citizens of the country generally participate in the decision making process of the
government. Even the unstated duties like voting should be effectively discharged by the
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citizens. Public spirited people and politicians should come forward to take interest in
local community problems. These duties are a constant reminder to us of the national
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goals as well as the basic norms of political order. They may inspire us to inculcate in
ourselves a sense of social responsibility.
4.3 Directive Principles of State Policy : Articles 36-51 nee

 Promotion of welfare of the people.
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 Policy of the state.
 Compulsory education for children.
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 Promotion of educational and economic of weaker section.
 State to public health.
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The directive principles of the state policy are enumerated in Part IV of the
constitution from Articles 36 (actually 38) to 51. The framers of the constitution borrowed
this idea from the Irish constitution. Dr. B. R. Ambedkar described these principles as
novel features of the Indian constitution. The DPSPs along with the FRs contain the
philosophy of the Constitution and is the soul of the constitution. Granville Austin had
described the DPSPs and the FRs as the conscience of the constitution.
Features of the DPSPs
1. The phrase DPSP denotes the ideals that the state should keep in mind while
formulating policies and enacting laws. These are the constitutional
instructions/recommendations to the state in legislative, executive and
administrative matters.

2. The DPSPs resemble the instrument of instructions enumerated in the GoI Act 1935.
3. The DPSPs constitute a very comprehensive economic, social and political
programme for a modern democratic state. They aim at realising the high ideals of
justice, liberty, equality and fraternity as outlined in the preamble to the
constitution. They embody the concept of welfare state and not that of a police state.
4. They seek to establish economic and social democracy in the country.
5. The DPSPs are non-justiciable in nature. Nevertheless, the constitution U/A 37 itself
says that these principles are fundamental in the governance of the country and it
shall be the duty of the state to apply these principles in making laws.
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6. The DPSPs help the courts in examining and determining the constitutional validity
of a law. The SC has ruled many a times that in determining the constitutionality of
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any law, if a court finds that the law in question seeks to give effect to a directive
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principle, it may consider such law to be reasonable in relation to Articles 14 or 19
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and thus save such law from unconstitutionality.
Classification of the DPSPs
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The constitution doesn't contain any classification of DPSPs. However, on the basis of
their content and direction, they can be classified into 3 broad categories :
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Socialistic principles - these principles reflect the ideology of socialism. They lay down
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the framework of a democratic socialist state, aim at providing social and economic
justice, and set the path towards welfare state. They direct the state :
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1. Article 38 : To promote welfare of the people by securing a social order permeated
by justice- social, economic and political and to minimise inequalities in income, .ne
status, facilities and opportunities (second part about minimising inequalities was
added by 44th CAA 1978). t
2. Article 39 : To secure - the right to adequate means of livelihood for all citizens; the
equitable distribution of material resources of the community for the common good;
prevention of concentration of wealth and means of production; equal pay for equal
work for men and women; preservation of the health and strength of workers and
children against forcible abuse; opportunities for healthy development of children
(this last point about children was added by 42nd CAA 1976).
3. Article 39A : To promote equal justice and to provide free legal aid to the poor
(added by 42nd CAA 1976).
4. Article 41 : To secure the right to work, to education and to public assistance in
cases of unemployment, old age, sickness and disablement.

Human Rights 4 - 10 Human Rights in India-Constitutional Provisions / Guarantees
5. Article 42 : To make provision for just and humane conditions of work and
maternity relief.
6. Article 43 : To secure a living wage (living wage = minimum wage (food, shelter
and clothing) + education, health, insurance, etc.; a fair wage is a means between
1W and mW), a decent standard of life and social and cultural opportunities for all
workers.
7. Article 43A : To take steps to secure the participation of workers in the management
of industries (added by 42nd CAA 1976).
8. Article 47 : To raise the level of nutrition and the standard of living of people and to
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improve public health.
Gandhian principles - These principles are based on Gandhian ideology. They
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represent the program of reconstruction enunciated by Gandhi during the national
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movement. In order to fulfil the dreams of Gandhi, some of his ideas were included as
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DPSPs. They require the state to :
1. Article 40 : To organise village panchayats and endow them with necessary powers
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and authority to enable them to function as units of self-government.
2. Article 43 : To promote cottage industries on an individual or cooperation basis in
rural areas.
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3. Article 43B : To promote voluntary formation, autonomous functioning, democratic
control and professional management of cooperative societies (added by 97th CAA
2011).
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4. Article 46 : To promote the educational and economic interests of SCs, STs and other .ne
weaker sections of the society and to protect them from social injustice and
exploitation. t
5. Article 47 : To prohibit the consumption of intoxicating drinks and drugs which are
injurious to health.
6. Article 48 : To prohibit the slaughter of cows, calves and other milch and draught
cattle and to improve their breeds.
Liberal-intellectual principles - These principles represent the ideology of liberalism.
They direct the state to :
1. Article 44 : To secure for all citizens a uniform civil code throughout the country.
2. Article 45 : To provide early childhood care and education for all children until they
complete the age of 6 years (substituted by 86th CAA 2002).

3. Article 48 : To organise agriculture and animal husbandry on modern and scientific

lines.
4. Article 48A : To protect and improve the environment and to safeguard forests and
wild life (added by 42nd CAA 1976).
5. Article 49 : To protect monuments, places and objects of artistic or historic interest
which are declared to be of national importance.
6. Article 50 : To separate the judiciary from the executive in the public services of the
state.
7. Article 51 : To promote international peace and security and maintain just and
honourable relations between nations; to foster respect for international law and
wwtreaty obligations and to encourage settlement of international disputes by

arbitration.
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Article number
Article 36 .Ea
What it says
Defines state as same as Article 12 unless the context otherwise defines.
Article 37
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Application of the principles contained in this part.
Article 38
of people.
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It authorizes the state to secure a social order for the promotion of the welfare
Article 39
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Certain principles of policies to be followed by the state.
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Article 39 A Equal justice and free legal aid.
Article 40 Organization of village panchayats.
Article 41 g .ne
Right to work to education and to public assistance in certain cases.
Article 42
Article 43
Provision for just and humane conditions of work and maternity leaves.
Living wage etc. for workers. t

Article 43 A Participation of workers in management of industries.
Article 43 B Promotion of cooperative societies.
Article 44 Uniform civil code for the citizens.
Article 45 Provision for early childhood care and education to children below the age of
six years.
Article 46 Promotion of education and economic interests of SC, ST and other weaker
sections.
Article 47 Duty of the state to raise the level of nutrition and the standard of living and to
improve public health.

Article 48 Organization of agriculture and animal husbandry.
Article 48 A Protection and improvement of environment and safeguarding of forests and

wildlife.
Article 49 Protection of monuments and places and objects of national importance.
Article 50 Separation of judiciary from the executive.
Article 51 Promotion of international peace and security.
4.4 Constitutional Provisions / Guarantees
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 Constitution of panchayats  243B
 Powers, authority and responsibilities of panchayat  24 G eleventh schedule.
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 Constitution of municipalities  243 Q
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 Powers, authority and responsibilities of municipalities  243 W
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Panchayat definitions, gram sabha and constitution of panchayats are defined under
Article 243, 243A and 243B of Constitution of India 1949. Provisions under these Articles
are :
Article 243 of constitution of India "Definitions" ngi
(a) 'District' means a district in a State; nee
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(b) 'Gram Sabha' means a body consisting of persons registered in the electoral rolls
relating to a village comprised within the area of panchayat at the village level;
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(c) 'Intermediate level' means a level between the village and district levels specified
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by the governor of a state by public notification to be the intermediate level for the
purposes of this part;
(d) 'Panchayat' means an institution (by whatever name called) of self-government
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constituted under article 243B, for the rural areas;
(e) 'Panchayat area' means the territorial area of a panchayat;
(f) 'Population' means the population as ascertained at the last preceding census of
which the relevant figures have been published;
(g) 'Village' means a village specified by the governor by public notification to be a
village for the purposes of this part and includes a group of villages so specified.
Article 243A of constitution of India "Gram Sabha"
A Gram Sabha may exercise such powers and perform such functions at the village
level as the Legislature of a State may by law, provide.
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Article 243B of constitution of India "Constitution From: www.EasyEngineering.net
of Panchayats"

(1) There shall be constituted in every state, panchayats at the village, intermediate
and district levels in accordance with the provisions of this part.
(2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may
not be constituted in a state having a population not exceeding twenty lakhs
Powers, authority and responsibilities of panchayats :
Subject to the provisions of this constitution, the Legislature of a state may, by law,
endow the panchayats with such powers and authority as may be necessary to enable
them to function as institutions of self-government and such law may contain provisions
for the devolution of powers and responsibilities upon panchayats at the appropriate
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level, subject to such conditions as may be specified therein, with respect to.
(a) The preparation of plans for economic development and social justice;
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(b) The implementation of schemes for economic development and social justice as
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may be entrusted to them including those in relation to the matters listed in the
eleventh schedule.
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The functions entrusted to a panchayat under the eleventh schedule to Article 243G of
the constitution are as under :
(i) ngi
Agriculture, including agricultural extension.
(ii)
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Land improvement, implementation of land reforms, land consolidation and soil
conservation.
(iii) Minor irrigation, water management and watershed development.
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(iv)
(v)
(vi)
Animal husbandry, dairying and poultry.
Fisheries.
Social forestry and farm forestry.
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(vii)
(viii)
Minor forest produce.
Small scale industries, including food processing industries.
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(ix) Khadi, village and cottage industries.
(x) Rural housing.
(xi) Drinking water.
(xii) Fuel and fodder.
(xiii) Roads, culverts, bridges, ferries, waterways and other means of communication.
(xiv) Rural electrification, including distribution of electricity.
(xv) Non-conventional energy sources.
(xvi) Poverty alleviation programme.
(xvii) Education, including primary and secondary schools.
(xviii) Technical training and vocational education.
(xix) Adult and non-formal education.Downloaded From: www.EasyEngineering.net

(xx) Libraries.
(xxi) Cultural activities.
(xxii) Markets and fairs.
(xxiii) Health and sanitation, including hospitals, primary health centres and
dispensaries.
(xxiv) Family welfare.
(xxv) Women and child development.
(xxvi) Social welfare, including welfare of the handicapped and mentally retarded.
(xxvii) Welfare of the weaker sections, and in particular, of the scheduled castes and the
scheduled tribes.
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(xxviii) Public distribution system.
(xxix) Maintenance of community assets.
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Constitution of municipalities - 243 Q
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The municipalities definitions, constitution of municipalities and composition of
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municipalities are defined under Article 243P, 243Q and 243R of constitution of India
1949. Provisions under these articles are :
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Article 243P of constitution of India "The Municipalities Definitions".
In this part, unless the context otherwise requires,-
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(a) 'Committee' means a committee constituted under article 243S;
(b) 'District' means a district in a state;
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(c) 'Metropolitan area' means an area having a population of ten lakhs or more,
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comprised in one or more districts and consisting of two or more municipalities or
panchayats or other contiguous areas, specified by the governor by public .ne
notification to be metropolitan area for the purposes of this part
(d) 'Municipal area' means the territorial area of a municipality as is notified by the
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Governor;
(e) 'Municipality' means an institution of self-government constituted under Article
243Q ;
(f) 'Panchayat' means a panchayat constituted under Article 243B;
(g) 'Population' means the population as ascertained at the last preceding census of
which the relevant figures have been published.
Article 243Q of constitution of India "Constitution of Municipalities"
(1) There shall be constituted in every state -
(a) A Nagar panchayat (by whatever name called) for a transitional area, that is to
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say, an area in transition from a rural area to anFrom:
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area.

(b) A municipal council for a smaller urban area; and

(c) A Municipal corporation for a larger urban area, in accordance with the
provisions of this part :
Provided that a municipality under this clause may not be constituted in such urban
area or part thereof as the governor may, having regard to the size of tile area and the
municipal services being provided or proposed to be provided by an industrial
establishment in that area and such other factors as he may deem fit, by public
notification, specify to be an industrial township.
(2) In this article, 'a transitional area', 'a smaller urban area' or 'a larger urban area'
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means such area as the governor may, having regard to the population of the area,
the density of the population therein, the revenue generated for local
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administration, the percentage of employment in non-agricultural activities, the
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economic importance or such other factors as he may deem fit, specify by public
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notification for the purposes of this part.
Article 243R of Constitution of India "Composition of Municipalities".
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(1) Save as provided in clause (2), all the seats in a Municipality shall be filled by
persons chosen by direct election from the territorial constituencies in the municipal
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area and for this purpose each municipal area shall be divided into territorial
constituencies to be known as wards.
(2) The Legislature of a state may, by law, provide - rin
(a) For the representation in a municipality of -
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(i) Persons having special knowledge or experience in municipal administration; .ne
(ii) The members of the house of the People and the members of the Legislative
assembly of the state representing constituencies which comprise wholly or partly
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the municipal area;
(iii) The members of the council of states and the members of the Legislative council of
the state registered electors within tile municipal area;
(iv) The chairpersons of the committees constituted under clause (5) of article 243S:
Provided that the persons referred to in paragraph (i) shall not have the right to vote in
the meetings of the municipality;
(b) The manner of election of the chairperson of a municipality.
Powers, authority and responsibilities of Municipalities – 243 W
TWELFTH SCHEDULE CONSTITUTION OF INDIA 1949
ARTICLE 243W Downloaded From: www.EasyEngineering.net

Powers, authority and responsibilities of municipalities

Subject to the provisions of this constitution, the Legislature of a state may, by law,
endow;
(a) The municipalities with such powers and authority as may be necessary to enable
them to function as institutions of self-government and such law may contain
provisions for the devolution of powers and responsibilities upon municipalities,
subject to such conditions as may be specified therein, with respect to;
(i) The preparation of plans for economic development and social justice;
(ii) The performance of functions and the implementation of schemes as may be
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entrusted to them including those in relation to the matters listed in the twelfth
schedule;
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(b) The committees with such powers and authority as may be necessary to enable
them to carry out the responsibilities conferred upon them including those in
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relation to the matters listed in the twelfth schedule.
Article 243X of constitution of India "Power to impose taxes by and funds of the
municipalities".
The Legislature of a state may, by law; ngi
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(a) Authorise a municipality to levy, collect and appropriate such taxes, duties, tolls
and fees in accordance with such procedure and subject to such limits;
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(b) Assign to a municipality such taxes, duties, tolls and fees levied and collected by
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the state-government for such purposes and subject to such conditions and limits;
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(c) Provide for making, such grants-in-aid to the municipalities from the consolidated
fund of the state and
(d) Provide for constitution of such funds for crediting all moneys received.
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respectively, by or on behalf of the municipalities and also for the withdrawal of
such moneys therefrom, as may be specified in the law.
1. Urban planning including town planning.
2. Regulation of land-use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste management.
7. Fire services.
8. Urban forestry protection of the environment and promotion of ecological aspects.

9. Safeguarding the interests of weaker sections of society, including the handicapped

and mentally retarded.
10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens, play-grounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds; cremations, cremation grounds and electric
crematoriums.
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15. Cattle ponds; prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
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17. Public amenities including street lighting, parking lots, bus stops and public
conveniences.
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18. Regulation of slaughter houses and tanneries.
Two Marks Questions with Answers
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PART A
Q.1 Fundamental rights.

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Ans. :
 Derogation of the fundamental rights. rin
 Prohibition of discrimination.
 Right to education.
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 Freedom as to attendance at religious instruction.
Q.2 Define prohibition of discrimination - Article 15.
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Ans. :
1. The state shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them.
2. No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of
them, be subject to any disability, liability, restriction.
Q.3 Define freedom as to attendance at religious instruction Article 28.
Ans. : Freedom as to attendance at religious instruction or religious worship in certain
educational institutions.
1. No religious instruction shall be provided in any educational institution wholly
maintained out of state funds. Downloaded From: www.EasyEngineering.net

2. Nothing in clause (1) shall apply to an educational institution which is administered

by the state but has been established under any endowment or trust which requires
that religious instruction shall be imparted in such institution.
Q.4 Explain right of minorities - Article 30.
Ans. :
1. All minorities, whether based on religion or language, shall have the right to establish
and administer educational institutions of their choice.
1A. In making any law providing for the compulsory acquisition of any property of an
educational institution established and administered by a minority, referred to in
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clause (1), the state shall ensure that the amount fixed by or determined under such
law for the acquisition of such property is such as would not restrict or abrogate the
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right guaranteed under that clause.
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Q.5 List features of the DPSPs.
Ans. :
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1. The phrase DPSP denotes the ideals that the state should keep in mind while
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formulating policies and enacting laws. These are the constitutional instructions/
recommendations to the state in legislative, executive and administrative matters.
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2. The DPSPs resemble the instrument of instructions enumerated in the GoI Act 1935.
Q.6 List classification of the DPSPs.
Ans. : Article 38 : rin
Article 39 :
Article 39A :
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Article 41 :
Article 42 :
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Q.7 Rural and urban local bodies.
Ans. :
 Constitution of panchayats  243B.
 Powers, authority and responsibilities of panchayat – 24G eleventh schedule.
 Constitution of municipalities – 243 Q.
 Powers, authority and responsibilities of municipalities – 243 W
Q.8 List functions entrusted to a panchayat under the eleventh schedule to Article 243G.
Ans. :
(i) Agriculture, including agricultural extension.

(ii) Land improvement, implementation of land reforms, land consolidation and soil
conservation.
(iii) Minor irrigation, water management and watershed development.
(iv) Animal husbandry, dairying and poultry.
(v) Fisheries.
Q.9 Article 243A of constitution of India "Gram Sabha".
Ans. : A Gram Sabha may exercise such powers and perform such functions at the village
level as the Legislature of a state may by law, provide.
Q.10 Article 243B of constitution of India "Constitution of Panchayats".
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Ans. : There shall be constituted in every state, panchayats at the village, intermediate and
district levels in accordance with the provisions of this part.
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Review Questions
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1. syE
Explain human rights in India. (Refer section 4.1)
2.
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Explain constitutional provisions / guarantees. (Refer section 4.4)
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Notes
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Ge8074 Unit 4 - Human Rights

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Ge8074 Unit 4 - Human Rights

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Constitutional Provisions / Guarantees

Two Marks Questions with Answers

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4.1 Fundamental Rights

4.1.1 Laws Inconsistent with or in Derogation of the Fundamental Rights

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

4.1.3 Right to Education - Article 21A

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 It prohibits (a) physical punishment and mental harassment; (b) screening

4.1.4 Freedom as to Attendance at Religious Instruction Article 28

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4.2 Fundamental Duties Article 51 A

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reinforced in other constitutional provision under article 48A i.e. directive

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

4.3 Directive Principles of State Policy : Articles 36-51 nee

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TECHNICAL PUBLICATIONS® - An up thrust for knowledge

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

3. Article 48 : To organise agriculture and animal husbandry on modern and scientific

wwtreaty obligations and to encourage settlement of international disputes by

Defines state as same as Article 12 unless the context otherwise defines.

Article 40 Organization of village panchayats.

Living wage etc. for workers. t

Article 43 B Promotion of cooperative societies.

Article 44 Uniform civil code for the citizens.

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Article 48 Organization of agriculture and animal husbandry.

Article 48 A Protection and improvement of environment and safeguarding of forests and

Article 49 Protection of monuments and places and objects of national importance.

Article 50 Separation of judiciary from the executive.

Article 51 Promotion of international peace and security.

4.4 Constitutional Provisions / Guarantees

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TECHNICAL PUBLICATIONS® - An up thrust for knowledge

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

(b) A municipal council for a smaller urban area; and

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Powers, authority and responsibilities of municipalities

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

9. Safeguarding the interests of weaker sections of society, including the handicapped

Two Marks Questions with Answers

Q.1 Fundamental rights.

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

2. Nothing in clause (1) shall apply to an educational institution which is administered

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

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TECHNICAL PUBLICATIONS® - An up thrust for knowledge

Downloaded From: www.EasyEngineering.net

TECHNICAL PUBLICATIONS® - An up thrust for knowledge

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