Module 5

Indian constitution Fundamental rights and duties Directive principles of state policy Unity in diversity

INDIAN CONSTITUTION
The document containing laws and rules which determine and describe the form of the government, the relationship between the citizens and the government, is called a constitution. Is concerned with the relations between the different levels of govt. and between the govt. and the citizens

Constituent Assembly
Set up under the Cabinet Mission plan of May 16, 1946 Consisted of members indirectly elected from the existing Provincial assemblies(PA) and members nominated by the rulers of the Princely states(PS) Total 299 members; 229 from PA s and rest from PS s.

Working of the constituent assembly

President: Dr. Rajendra Prasad Large no. of committees and sub committees Committees dealt with:
Matters concerning with procedures Matters concerning with issues

Chairman of Drafting committee: Dr. B R Ambedkar The assembly met for 166 days spread over 2 years, 11 months and 8 days

Objectives of the constitution

The background was:
200 years of colonial rule A mass based freedom struggle National movement Partition Spread of communal violence

The framers were concerned about the aspirations of the people, integrity and unity of the country and establishment of a democratic society.

Key words
Sovereign, Socialist, Secular, Democratic Republic Justice, liberty and equality Fraternity, dignity, unity and integrity

Salient features of Indian Constitution

Written constitution Largest constitution: 395 articles, 8 schedules
USA: 7 articles Canada: 147 Australia: 128

Sovereign, Democratic and Republic Parliamentary type of government Partly unitary and partly federal

Partly rigid and partly flexible Fundamental rights fundamental duties Directive Principles of State Policy Independent judiciary Secular state Single citizenship Universal adult franchise Official language of India.

Fundamental rights
Right to equality: article 14-16
Article 14: equality before law as well as equal protection from law Article 15: prohibits discrimination Article 16: equality of opportunity Article 17: untouchability as a punishable offence Article 18: prohibits the state from conferring any title other than military or academic

Right to freedom Article 19-22

Article 19 guarantees six freedoms:
Freedom of speech and expression Freedom of assembly Freedom of association without arms Freedom of movement Freedom to reside and settle anywhere in India Freedom to practice any profession

Article 20 protection from conviction for offences in certain respects Article 22- rights of persons arrested and detained, also to detain persons

Right against exploitation: article 23-24

Article 23: prohibits human trafficking Article 24: prohibits employment of children below 14 yrs of age

Right to freedom of religion: article 25-28

Article 25: right to preach, practice and propagate any religion Article 26: guarantees all denominations can manage their own religious affairs Article 27: no person can be compelled to pay taxes for promoting their religion or religious institutions Article 28: prohibits religious instructions in a wholly state funded institution.

Cultural and educational rights: article 29-30

Article 29: any section of citizens can conserve and develop their language, culture, script etc Article 30: confers upon all religious and linguistic minorities the right to set up and administer educational institutions of their choice in order to preserve and develop their own culture, and prohibits the State, while granting aid, from discriminating against any institution on the basis of the fact that it is administered by a religious or cultural minority

Right to constitutional remedies: Article 32

Provides guarantee for enforcement of all fundamental rights Supreme Court is designated as the protector of these fundamental rights.

Directive Principles of State Policy

Are not enforceable by law but these principles are the fundamentals in the governance of the country. It is the duty of the states to apply these principles while making laws. Articles 36-51 deals with DPSP Article 36: definition Article 37: application of the principles

Article 38. State to secure a social order for the promotion of welfare of the people. Article 39. Certain principles of policy to be followed by the State article 39A. Equal justice and free legal aid Article 40. Organisation of village panchayats Article 41. Right to work, to education and to public assistance in certain cases

Article 39
(a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Article 39A. Equal justice and free legal aid Article 40. Organisation of village panchayats Article 41. Right to work, to education and to public assistance in certain cases

Article 42. Provision for just and humane conditions of work and maternity relief Article 43. Living wage, etc., for workers Article 43A. Participation of workers in management of industries Article 44. Uniform civil code for the citizens Article 45. Provision for free and compulsory education for children

Article 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes 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. Organisation of agriculture and animal husbandry

Article 48A. Protection and improvement of environment and safeguarding of forests and wild life Article 49. Protection of monuments and places and objects of national importance Article 50. Separation of judiciary from executive Article 51. Promotion of international peace and security

Fundamental duties
(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; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women

 (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (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.]

 Eleventh duty added by 86th Amendment in 2002: duty of every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years