GRACE COLLEGE OF EDUCATION PADANTHALUMOOU

CONTEMPORARY INDIA AND EDUCATION

CHALLENGES TO FULFILL THE CONSTITUTIONAL

OBLIGATIONS:FREEDOM , JUSTICE , FRATERNITY
AND EDUCATION

NAME : S.V.ACHUMOL
ROLL NO :34
DEPARTMENT OF PHYSICAL SCIENCE

B.ED FIRST YEAR

CHALLENGES TO FULFILL THE
CONSTITUTIONAL OBLIGATIONS: FREEDOM ,
JUSTICE , EQUALITY , FRATERNITY AND
EDUCATION
 INTRODUCTION
• The most important challenge faced by Indian constitution is the eventuality in which no
party gets majority and there is no option for the parties to go for coalition.
• Ironically the parties who have fought against each other come together and form an
opportune government and arrive conveniently at a common minimum program to run the
govt.
• Such government has no agenda but to keep the deserving party away from the rule on the
basis of numbers.
 FREEDOM
 The rights to freedom are you most important fundamental rights guaranteed
by the constitution of India.
 It is the prevalence of these freedoms that make democracy meaningful.
 The original constitution as adopted in 1949 guaranteed seven such freedoms.
 The 44th amendment, the right to hold and dispose of property has been
removed from the list of fundamental freedoms in 1978.
 THE CONSTITUTION NOW
PROVIDES SIX FREEDOMS
1) Right to freedom of speech and expression.
2) Right to assemble peaceably and without arms.
3) Right to form associations or unions.
4) Right to move freely throughout the territory of India.
5) Right to reside and settle in any part of the territory of India.
6) Right to practice any profession or to carry on any occupation trade or
business.
The right to freedom of speech expression on Eight ground

These are:
1.Defamation,
2.Contempt of court,
3.Decency or morality,
4.Security of the state,
5 .Friendly relations with other states,
6.Incitement of offence and,
7.Sovereignty and,
8.Integrity of India.
 Power of Courts to enforce freedom of citizens of India

 Every Indian citizen has the power to move the High Court of the Supreme Court for protecting
and securing his personal freedom.

 The Courts are empowered to issue writs in the nature of habeas corpus.

 The courts can order the presence of detained or imprisoned person and set him free in case
there is no legal justification for his detainment or imprisonment.
 Rights to Freedom during National Emergency

 The rights to freedom under Article 19 of Indian constitution are suspended during the period of
National Emergency declared by the President of India.

 Further, during the period when the National Emergency is in operation .

 The President is empowered to suspend the right of citizens to move the Supreme Court for the
enforcement of their personal freedom.
 JUSTICE

 Justice is the first virtue of social institutions , as truth is to systems of thought.

 Justice also to the includes the punishment of wrongs.

 Justice is fairness in protecting our rights.

 Types of Justice

 Procedural Justice
- Level playing field
- Equality before the law
- Due process
 Distributive Justice
- Equal opportunity
-Desert
-Outcome based versions
-Historical theories
-Rights theories
 Compensatory Justice
 Retributive Justice
 Transitional Justice
 Procedural Justice
• Procedural Justice is the idea of fairness in the processes that resolve disputes and allocate
resources.
• One aspect of Procedural Justice is related to discussions of the administration of Justice and legal
proceedings.
 Distributive Justice
o Distributive Justice concerns the socially just allocation of resources.
o Often contrasted with just process , which is concerned with the administration of law , Distributive
Justice concentrates on outcomes.
 Compensatory Justice

Compensation to victims is a recognised principle of law being enforced through the

ordinary civil courts.
 Transitional Justice

Transitional Justice consists of judicial and non-judicial measures implemented in order to

redress legacies of human right abuses.

Retributive Justice

 Broad focus : crimes are against the state/society.

 Emphasis on punishing those who have committed crimes.
 The punishment should fit the crime
 EQUALITY

‘‘ The Right to Equality proper is aright of equal satisfaction of basis human needs,
including the need to develop and use capacities which are specifically human.’’
 Types of Equality

1.Natural Equality
2.Social Equality
3.Civil Equality
4.Political Equality
5.Economic Equality
6.Legal Equality
7.Equality of Opportunity and Education
 FRATERNITY
i. This refers to a feelings of brotherhood and a sense of belonging with the country among its
people.
ii. It Embraces psychological as well as territorial dimensions of national integration.
iii. It leaves no room for Regionalism , Communalism, Communalism , Casteism etc…
 RIGHT TO EDUCATION

 The Right to Education is an important legislation that marks a watershed in the education system
in India.
 Right to Education has become a fundamental right in the country.
 The Right to children to free and compulsory education act or right to education.
 CONCLUSION

A Constitution needs to be stable . It should not be altered too frequently , and probably not
too easily . As the supreme source of power , and the fundamental framework for a nation’s political
and legal institutions .
REFERENCES:

1. https://en.m.Wikipedia.org
2. https://www.clearias.com
3. https://www.toppr.com
4. http://t.co/chbow .com
Thank you