CONSTITUTION OF INDIA

CONSTITUTION OF INDIA
Unit 1
Chapter 1
Constitution of India: Constitution is the foundational law of a country which ordains the
fundamental principles on which the government (or the governance) of that country is based. It lays
down the framework and principal functions of various Organs of the government as well as the
modalities of interaction between the government and its citizens. With the exception of the United
Kingdom (U.K.), almost all democratic countries possess a written constitution. India also possesses
an elaborate written constitution which was enacted by a constituent assembly specifically set up for
the purpose.

Our Constitution: Our present constitution— the first Constitution of India framed and given to
themselves by the people of India was adopted by the Constituent Assembly on 26 November, 1949.
It came into full operation with effect from 26 January, 1950. The Constitution as originally adopted
had 22 parts, 395 articles and 8 schedules. But after the Constitution 104th Amendment Act, the
Indian Constitution Consists of 448 Art, 25 parts, 12 Schedules.

BRIEF HISTORICAL EVOLUTION OF INDIAN CONSTITUTION

The freedom struggle which initially stressed on getting legislative measures to address the
grievances of Indian, later foresees on having an own Constitutional: Hence the evolution of the
Indian constitutional can be traced back to the British rule.
The various important legislations were introduced by the British government.
The sequence of events which led to the framing of for constitution is given below
• The Regulating Act of 1773
• Pitts Indian Act of 1784
• Charter act of 1833
• Charter Act of 1853
• Indian council Act of 1861, 1892 and 1909
• Government of Indian Act 1919, 1935
1922: All Indian parties Conference: Motilal Nehru submitted a report on priority of constitution of
India. In this report, he stress on "fundamental rights" to the people assuring in the country. The
Government of India Act 1935 is the basis of our constitution
1940: August Offer: The British government accepted to frame the constitution of India.
1942: Gipps Proposal: Indian Constitution to be framed by a body of Indian elected representations
i.e. Constituent Assembly.

Constitution would provide a domination state for India:

However, this proposal was opposed by the Muslim league and hence this proposal was not
successful. 1946: Cabinet Mission Plan: Under this plan the constitution assembly was framed to
draft the constitution. First elections were held throughout the country and there was a union of
British India and other Princely states. Members to this body were partially and partly nominated.
The strength of the constituent assembly was to be 389 out of which, 296 representatives were from
British India and 93 representatives were from Princely states. After the partition of the country, the
members were reduced to 299.

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Constituent Assembly and Making of the Constitution:

 The Cabinet Mission envisaged the establishment of a Constituent Assembly to frame a
Constitution for the country. Members of the Constituent Assembly were elected by the Provincial
Legislative Assemblies.
 Each Province and each Indian State were allotted seats in proportion of its population, roughly in
the ratio of one to a million. The seats so ascertained were distributed among the main communities
in each Province. The main communities recognised were Sikh, Muslim and General.

Working of the Constituent Assembly

The Composition
Initially, it was thought by the government to compose the Constituent Assembly on the basis of
adult franchise. Later it was decided to have an indirectly elected body, as it was more practicable at
that given point of time.
 Accordingly, each province and each Indian State were allotted a total number of seats
proportional to their respective populations. This was roughly in the ratio of one member to
a million population.
 The seats allocated to the provinces were divided among the three main communities - the
Sikh, Muslim and General in proportion to their respective population.
 The voting in the provincial legislative assembly was based on proportional representation
with single transferable vote.
 The method of selection of members from Indian states to the Constituent Assembly was to
be settled later by consultation.
The strength of the Constituent Assembly formulated on the basis was to be 389. Out of the
389 members, 296 representatives were from British India and 93 representatives were from the
Indian states. Amongst the 296 representatives from British India, 292 representatives were drawn
from 11 Governors' provinces and a representative each from the 4 Chief Commissioners' provinces
of Delhi, Ajmer-Merwara, Coorg and British Baluchistan.
In the election held in 1946 for the British provinces, the Congress won 208 seats and the
Muslim League won 73 seats. With the partition of the country, the membership was reduced to 299
representatives.
The Constituent Assembly was regulated by the Cabinet Mission plan of British. But after
independence of India it became an independent body. The Constituent Assembly met for the first
time on 9 December 1946. Dr. Sachidanand Sinha was elected as president of the Constituent
Assembly. Later on Dr. Rajendra Prasad was elected as the President. On 13 December 1946, the
Objective Resolution was moved by Nehru, which was adopted on 22nd January 1947. The Objective
resolution outlined the nature of Indian constitution and declared India to be Sovereign Democratic
Republic. Federal government, equality, rights etc were some other features of the resolution.

Important Committees of the Constituent Assembly and their Chairman

Chairman Name of the Committee
Committee on the Rules of Procedure Dr. Rajendra Prasad
Steering Committee Dr. Rajendra Prasad
Finance and Staff Committee Pt. Jawaharlal Nehru
Ad Hoc Committee on the National Flag Pt. Jawaharlal Nehru

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Union power Committee Pt. Jawaharlal Nehru

State Committee Sardar vallabh bhai patel
Drafting committee B.R. Ambedkar
Advisory Committee on Fundamental Sardar vallabh bhai patel
Credential Committee Alladi Krishnaswami Ayyar
House Committee B.Pattabhi Sitaramayya
Order of Business Committee K. M. Munshi
Minorities Sub-Committee H.C. Mookherjee
Excluded and Partially Excluded Areas A. V. Thakkar

 The total number of members of the Constituent Assembly was 389, of whom 93 were
representatives from the Indian States and 296 from the Provinces (British India).
 After the partition of India number of members of the Constituent Assembly came to 299, of
whom 284 were actually present on the 26th November, 1949 and signed on the finally approved
Constitution of India. The Constituent Assembly, which had been elected for undivided India, held its
first meeting on December 9, 1946, and reassembled on August 14, 1947, as the sovereign
Constituent Assembly for the dominion of India.
 It took two years, eleven months and eighteen days for the Constituent Assembly to finalise the
Constitution.
 Objective Resolution was moved in the first session of the Constituent Assembly ( on 13 December,
1946 ) by Pandit Jawaharlal Nehru which was adopted after considerable deliberation and debate in
the Assembly on 22 January, 1947. The following objectives were embodied in the resolution
 To foster unity of the Nation and to ensure its economic and political security, to have a written
Constitution, and to proclaim India as a Sovereign Democratic Republic.
 To have a federal form of Government with the distribution of powers between the centre and
states.
 To guarantee and secure justice, equality, freedom of thought, expression, belief, faith, worship,
vocation, association and action to all the people of India.
 To provide adequate safeguards for minorities, backward and tribal areas and depressed and other
backward classes.
 To maintain the integrity of the territory of the republic and its sovereign rights on land, sea and air
according to justice and the law of civilised nations.
 To attain rightful and honoured place in the world and make its full and willing contribution to the
promotion of the world peace and the welfare of mankind.
 The principles of the Constitution were outlined by various committees of the Assembly, and there
was a general discussion on the reports of these Committees. The Assembly appointed the Drafting
Committee with Dr. B.R. Ambedkar as the Chairman on August 29, 1947.
 The Drafting Committee, headed by Dr. B.R.Ambedkar, submitted a Draft constitution of India to
the President of the assembly on 21 February 1948.
 The members of Drafting Committee were N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar,
K.M. Munshi, Mohd. Saadullah, B.L. Mitter (later replaced by N. Madhava Rao), Dr. D.P. Khaitan
(replaced on death by T.T. Krishnamachari).
 The third and final reading of the draft was completed on November 26, 1949. On this date, the
signature of the President of the Assembly was appended to it and the Constitution was declared as
passed.

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 The provisions relating to citizenship, elections and provisional Parliament etc. were implemented
with immediate effect, that is, from the 26th November, 1949. The rest of the provisions of the
constitution came into force on January 26, 1950 and this date is referred to in the Constitution as
the date of its commencement.

Different Sources of the Indian Constitution

 Although the skeleton of the constitution was derived from the Government of India Act 1935,
many provisions were imported from other constitutions of the world. Some of them are listed
below along with the Government of India Act, 1935:
Government of India Act, 1935: This Act formed the basis or 'blueprint' of the consititution of India
with the features of Federal system, office of Governor, emergency powers etc. Besides, the
Constitution of India has borrowed from the
Constitution of Britain: Law making procedures, Rule of law, Single citizenship, Bi-cameral
Parliamentary system, office of CAG.
Constitution of USA: Independence of judiciary, judicial review, fundamental rights , removal of
Supreme Court and High Court judges, Preamble and functions of President and Vice-president.
Constitution of Canada: Federation with strong Centre, to provide residuary powers to the Centre,
Supreme Court's advisory jurisdiction.
Constitution of Ireland: Directive Principles of State policy, method of presidential elections, and the
nomination of members to Rajya Sabha by the President.
Constitution of Germany: Provisions concerning the suspension of fundamental rights during
emergency.
Constitution of Australia: Idea of the Concurrent List, Trade and Commerce provisions

Objectives of Indian Constitution:

1) Sovereignty
By declaring us as a sovereign entity, Preamble emphasizes complete political freedom. It implies
that our state is internally powerful and externally free. She is free to determine for herself without
any external interference.
2) Socialism
Despite all social, economic and political inequality present and inherent in Indian traditional society,
our Constitution started a crusade against that order. The Constitution has deliberately imposed on
us the ideal of socialist pattern of society a kind of Indian model of socialism to suit to our needs and
temperament.
3) Secularism
India is a democracy. We have adopted parliamentary democracy to ensure a responsible and stable
government. As a form of government it derives its authority from the will of the people. The people
elect the rulers of the country and the latter remain accountable to the people.
4) Democracy
India is a democracy. We have adopted parliamentary democracy to ensure a responsible and stable
government. As a form of government it derives its authority from the will of the people. The people
elect the rulers of the country and the latter remain accountable to the people.
5) Liberty
The blessings of freedom have been preserved and ensured to our citizens through a set of
Fundamental Rights. It was well understood by the fathers of our Constitution that the ideal of

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democracy was unattainable without the presence of certain minimal rights which are essential for a
free and civilized existence.
6) Dignity of the Individual
Fraternity and dignity of the individuals have a close link. Fraternity is only achievable when the
dignity of the individual will be secured and promoted. Therefore, the founding fathers of our
Constitution attached supreme importance to it.
7) Unity & integrity of the Nation
To maintain the independence of the country intact and enduring, unity and integrity of the nation is
very essential. Therefore, the stress has been given on the ideal of fraternity which would foster
unity amongst the inhabitants.
8) Equality
Every citizen of India is entitled to equality before law and equal protection of law. As a human being
everybody has a dignified self. To ensure its full enjoyment inequality in all forms present in our
social structure has been prohibited.

PREAMBLE
Like any other constitution, the constitution of India begins with an introduction, or a preface, which
is called the 'Preamble." It is the preface of the constitution and is a statement of the ideals, which
the nation should strive to achieve. Preamble is often referred to as 'Mirror' of the constitution as it
reflects the various aspects of the constitutional provisions.
The Preamble of the constitution of India, which came into existence on 26 January 1950,
subsequently changed in 1976 reads as follows:

"We the people of India, having solemnly resolved to constitute India into a Sovereign Socialist
Secular Democratic Republic and to secure to all its citizens:
Justice social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and 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 hereby adopt, enact and
give to ourselves this constitution."

The spirit of the constitution is embodied in the words, "We the people of India.... do hereby
adopt enact and give to ourselves this constitution." It means that the supreme document of the
land has been prepared by the people's representatives and therefore draws its authority from the
people with whom the ultimate power rests.
The nature and goals of the constitution are expressed through the words sovereign,
socialist, secular, democratic, republic. In the original constitution, the preamble stated 'sovereign
democratic republic... unity of the nation.

Salient features of the Indian Constitution:

1. The lengthiest written constitution
The Indian Constitution is the lengthiest written in the world where even the minuet aspect is
attended to in elaborate detail in order to lessen the misunderstandings disagreements in a federal

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form of government. The Indian Constitution is often compared to the size of an elephant
("Elephantine constitution') because of its size.
2. A parliamentary democracy
On attaining independence, there was a debate as to whether India should chooser
parliamentary form of government or presidential form. The presidential form was rejected on the
ground that its main basis was separation of powers between the legislature and the executive,
which results in a continuous conflict between the two, which a newborn democracy can't afford.
3. A combination of flexibility and rigidity
The Indian Constitution strikes a balance between flexibility and rigidity in amending the
constitution. It depends upon whether a law to be amended is a constitutional law or an ordinary
law.
It is only a few provisions of the constitution that require a ratification by not less than ½ of
the state legislatures beside a 2/3 majority in both the houses of parliament present and voting. And
some provisions of the constitution may be amended by a special majority of not less than 2/3 in
both the houses of the parliament present and voting.

4. A statement of fundamental rights [Part III, Article 12-35]

Fundamental rights are an inseparable part of a civilised society without which no person
can develop character and personality. Therefore, fundamental rights form the core of a civil society.
The demand for incorporation of fundamental rights for the first time was made by Motilal Nehru
Committee Report (1928), but the Sapru Committee Report was emphatic on it. It said, "The
framing of fundamental rights is not only necessary for giving assurances to the minorities, but also
for preserving standards of conduct for legislature, government and the courts."
5. Directive Principles of State Policy
The Directive Principles of State included in the Part IV the constitution is a declaration of
comprehensive social, political and economic programme of the state aimed at creating a society
based on equality and justice. They are non-justiciable in the sense no action can be initiated against
the government of the day in case of non-compliance with the provisions of directive principles .
The Directive principles enshrined in the constitution derive its inspiration from Gandhian,
socialist and liberal principles aimed at creating a welfare state. Some of the Directive principles
included in the Indian constitution are: abolition of liquor, abolition of cow slaughter, right to
adequate means of livelihood, equal pay for equal work, uniform civil code throughout the country,
separation of executive from judiciary etc.
6. Federalism
The founding father of Indian constitution opted for a federal government characterised by
the existence of two governments- one at the centre and one at the state. The power and authority
is divided between the two by the constitution based on administrative convenience. Both are
mutually exclusive yet interdependent. The division of power is based on three lists - the Union list,
State list and Concurrent list.
The union government enjoys authority over 97 subjects such as defence, science & technology,
home, atomic energy, etc.
The state governments enjoy power over 66 subjects such as education, health, family planning etc.
The union and the states share the power over 47 subjects such as marriage, divorce, contract based
on mutual consent and consultation. Unity in diversity is the key theme of Indian Federalism.

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7. Independent judiciary
The Indian Constitution has deliberately kept Judiciary at an equal distance from legislature
and executive in order to ensure judicial independence. The makers of the constitution felt that the
legislature in the process of law making and executive in the process of law implementation might
manipulate judiciary to its advantage. In order to instill public confidence and ensure impartiality of
decisions, judiciary is maintained independent of the legislative and the executive influences. For
this good reason, the salaries of the judicial officers is not charged on the government but on the
Consolidated Fund of India (CFI.), a corpus of 50 cr’s which is enhanced from time to time.
8. Popular sovereignty
Popular sovereignty refers to the possession of ultimate sovereign power in the hands of the
people expressed, periodically by way of universal adult franchise. This enables the will of the ight
to vous to odul people to prevail in the affairs of the government.
The system of universal adult suffrage in which all eligible adult citizens of the country
exercise their vote through a single non-transferable vote to elect a government of their choice. A
political party or parties that win majority support will form the government and the other sits in
the opposition.
9. Secularism
The term 'Secularism' did not find a mention in the original constitution of 1950, but added
to the constitution by the 42nd amendment of 1976. The term 'Secularism' in English means
'agnostic or anti-God'. But in the Indian context the term is used to represent the equal distance
maintained by the state from all religions. The state should neither be pro-religion nor anti-religion,
instead respect all religions on an equal fooling
10. Judicial review
The supremacy of Judiciary is established by the Indian constitution through its power of
judicial review. The judiciary can declare any law passed by the legislature or actions taken by the
executive as 'null and void' or 'ultra vires' or 'unconstitutional' if they are violative of the written
provisions of constitution. Thus, judiciary acts as a 'balance wheel' of the constitution.
11. Provision of fundamental duties
The fundamental duties was not a part of the 1950 constitution but a later addition added
through the 42nd constitutional amendment of 1976 under Part IV A under Article 51 A of the
constitution. Every right has a corresponding duty. As the rights are guaranteed to all citizens they
are expected to perform certain duties towards the state in return. One of the fundamental duties
calls upon the citizens to be at the service of the state whenever called upon to do so.
12. Single constitution and citizenship
The significant feature of Indian constitution is one constitution and citizenship, unlike in the U. S.
constitution. One single law runs throughout the length and breadth of the country uniformly and
all citizens enjoy one citizenship irrespective of the state to which they belong to. From Kashmir to
Kanyakumari all are citizens of India.
13. A mixture of many constitutions
Indian constitution is not an original constitution. On the criticism that Indian constitution is
a 'borrowed constitution'. The chairman of the constitution drafting committee Dr. B. R. Ambedkar
made it clear that the objective of constitution makers was not to make a original constitution but ‘a
workable constitution’ keeping in mind the values and those of the people of India.

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Chapter 2

Fundamental Rights

The two examples of France and USA have inspired many democratic nations of the world to
incorporate a formal chapter on rights in their constitutions and India is no exception. The
makers of Indian constitution have only followed the footsteps of the framers of the French and the
American constitutions in incorporating a detailed chapter of fundamental rights.
Fundamental rights are an essential and inseparable part of any civilized society. Important
for the development of personality of an individual. They form the "sine qua non" of a democratic
society. The insertion of fundamental rights into the constitution assures the individual his definite
sphere of activity. A democratic state must enable the individual to exercise his democratic rights in
an unimpeded manner.
Fundamental rights are also called 'vital' because, they are a step above the ordinary law of
the country. The Fundamental Rights are guaranteed by the constitutional law of the country. The
statement of fundamental rights thus limits the range of state activity in appropriate directions in
the interests of liberty of its citizens. Yet fundamental rights are not absolute. They are given due
credence when the situation is normal but during the times of emergency, they go out of effect.
The demand for fundamental rights was made in the year 1928 in the Nehru committee
report. It stated: "A declaration of fundamental rights was considered essential for protecting the
minorities from the tyranny of transient majority and for protecting the individual's freedom from
arbitrary use of the executive". Further, Simon commission gave serious thought to the demand for
fundamental rights. The demand for fundamental rights was repeated before Round table
conferences (RTC). But the Government of India Act of 1935 remained silent on fundamental rights.
But, the Sapru Committee was emphatic on this and said "The framing of fundamental rights is
necessary not only for giving assurances to the minorities, but also for presenting standards of
conduct for the legislature, government and the courts".

FEATURES OF FUNDAMENTAL RIGHTS

The Fundamental Rights guaranteed by the Constitution are characterized by the following:
1. Some of them are available only to the citizens while others are available to all persons whether
citizens, foreigners or legal persons like corporations or companies.
2. They are not absolute but qualified. The state can impose reasonable restrictions on them.
However, whether such restrictions are reasonable or not is to be decided by the courts. Thus, they
strike a balance between the rights of the individual and those of the society as a whole, between
individual liberty and social control.
3. Most of them are available against the arbitrary action of the State, with a few exceptions like
those against the State's action and against the action of private individuals. When the rights that
are available against the State's action only are violated by the private individuals, there are no
constitutional remedies but only ordinary legal remedies.
4. Some of them are negative in character, that is, place limitations on the authority of the State,
while others are positive in nature, conferring certain privileges on the persons.
5. They are justifiable, allowing persons to move the courts for their enforcement, if and when they
are violated.

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6. They are defended and guaranteed by the Supreme Court. Hence, the aggrieved person can
directly go to the Supreme Court, not necessarily by way of appeal against the judgment of the
high courts.
7. They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a
constitutional amendment act and not by an ordinary act. Moreover, this can be done without
affecting the "basic structure' of the Constitution
8. They can be suspended during the operation of a National Emergency except the rights
guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be
suspended only when emergency is declared on the grounds of war or external aggression
(Le, external emergency) and not on the ground of armed rebellion (i.e., internal emergency).
9. Their scope of operation is limited by Article 31A (saving of laws providing for acquisition of
estates, etc.), Article 318 (validation of certain acts and regulations included in the 9th Schedule) and
Article 31C (saving of laws giving effect to certain directive principles).
10. Their application to the members of armed forces, para-military forces, police forces, intelligence
agencies and analogous services can be restricted or abrogated by the Parliament(Article 33).
11. Their application can be restricted while martial law is in force in any area. Martial law means
'military rule' imposed under abnormal circumstances to restore order (Article 34). It is different
from the imposition of national emergency.
12. Most of them are directly enforceable (self-executory) while a few of them can be enforced on
the basis of a law made for giving effect to them. Such a law can be made only by the Parliament and
not by state legislatures so that uniformity throughout the country is maintained (Article 35).

The fundamental rights as enumerated in the Indian constitution are as follows:

(1) Right to equality (Article 14-18)
(2) Right to freedom of speech and expression (Article 19-22)
(3) Right against exploitation (Article 23-24)
(4) Right to freedom of religion (Article 25-28)
(5) Cultural and educational rights (Article 29-30)
(6) Right to constitutional remedies (Article 32-32A)

1. Right to Equality (Articles 14-18)

This right provides for equality before the law.This right prohibits any discrimination against
any citizen on grounds of religion, race, caste, sex or place of birth etc. It aims at mitigating cruder
forms of social inequality.
According to Article 14, the state shall not deny to any person equality before the law within
the territory of India'. Broadly speaking, it means the equality of all in the eyes of law. All persons are
equally subject to the ordinary laws of the land administered by the ordinary courts of law.

According to interpretation of Sir Ivor Jennings, "Equality is the equality among equals, the
laws should be equal and should be equally administered, and the like be treated alike".

Article 15 right to equality also provides that no citizen can be subjected to any disability on the
ground of race, religion, sex or place of birth in such matter as access to places of public
entertainment, use of public wells, tanks, roads etc.

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Article 16 states equal opportunities in matters of employment or appointment to any office under
the state. No citizen shall be discriminated on grounds of religion, race, caste, sex, place of birth or
residence in respect of any employment or office under the state.

According to Article 17,- "Untouchability is abolished and its practice in any form is forbidden. The
enforcement of any disability arising out of untouchability shall be an offence punishable in
accordance with law".

According to Article 18,- "No title, not being a military or academic distinction shall be conferred
upon by the state". Citizens of India are prohibited from accepting titles from foreign states without
the permission of the president of India.
In the year 1951, the first amendment to the constitution provided that the right to equality
will not prevent the state from making special provision for the advancement of any socially or
educationally backward classes of citizens or for the Scheduled Castes or Tribes. Infact, originally the
reservation was for 10 years (1950-1960). But consequently continued by successive government
every 10 years.

2. Right to Freedom (Articles 19 to 22)

The usual liberties of an individual are embodied in Article 19 which lays down that all
citizens shall have the right:
a. To freedom of speech and expression;
b. To assemble peacefully and without arms;
c. To form associations or unions;
d. To move freely throughout the territory of India;
e. To reside and settle in any part of the territory of India;
f. To acquire, hold and dispose of property; and
g. To practice any profession or to carry on any occupation, trade or business.
However, a number of restrictions have been imposed on the rights enumerated above. In
the interests of morality, decency, public order and security of the state these rights can be
restricted. The state has the right to make laws relating to slander, defamation, libel and contempt
of court. Freedom of association and assembly is subjected to the ought of the state to impose
reasonable restrictions. These restrictions are imposed to check abuse of freedom.

Article 20 provides that:

1. No person shall be convicted of an offence except for a definite violation of law in force at that
time;
2. It also provides that no punishment greater than provided by the law at the time of commission of
the offence is inflicted;
3. No person shall be prosecuted and punished for the same offence twice; and

Article 21 says that "No person shall be deprived of his life or personal liberty except according to
the procedure established by law." This particular article is very important for the very fact that it
attaches great prominence to the life of a person. Every one has a right to life. Even, committing
suicide is an offence punishable under law. Also this right cannot be suspended during emergencies.
Such is the importance of right to life.

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Article 22 lays down that:

(i) "No person who is arrested shall be detained in custody without being informed of the charge and
be given chance to defend himself.
(ii) Every person who is arrested and detained must be produced before the magistrate within 24
hours of his arrest and can't be detained in custody longer than that without the authority of a
magistrate. The state, however has the power of preventive detention in the case of enemy aliens
and even citizens, such detentions do not enjoy safeguards against arbitrary arrest.

3. Right Against Exploitation (Articles 23-24)

According to Article 23, "traffic in human beings" and "begary" and other forms of "forced
labour" are prohibited and any violation of the provision shall be an offence punishable in
accordance with the law.

Article 24 provides that "no children below the age of 14 years shall be employed at work in any
factory or mine or in any hazardous employment". The state must make provision for "poor houses"
or "work houses" for providing suitable work to children coming from very poor families to enable
them to earn their livelihood.

4. Right to Freedom of Religion (Articles 25-28)

India is a multi-religious state inhabited by people of almost all religious faiths. The framers of Indian
constitution could not forget the role of religion in the politics of the country. The leaders of India
were wedded to a concept of secular state. Jawaharlal Nehru was opposed to a caste-ridden society
and wanted "a nation states which includes people of all religious shades of opinion.

Article 25 aims at the establishment of the secular character of Indian policy. According to this
article, all persons are equally entitled to freedom of conscience and the right to profess, practice
religion subject to public order, morality and health. Positively, this right safeguards the free exercise
of religion by everybody subject to public order, morality and health; and negatively, it prohibits the
state from compelling by law any person to practice any particular creed or religion.

Article 26 provides for every religious section thereof shall have the right
(i) to establish and maintain institutions for religious and charitable purposes;
(ii) to manage its own affairs in religion,
(iii) to own and acquire movable and immovable property; and
(iv) to administer such laws in accordance with law.
Article 27 Provides that, no person shall be compelled to pay any taxes which would be spent for the
promotion or maintenance of any particular religion or religions denomination. The state can't make
any specific special provision for the development of any particular Religion.

Article 28 states that:

(i). No religious instruction shall be provided in any educational institution wholly maintained out of
state funds.
(ii). No person attending any educational institution recognised by the state or receiving aid out of
the state funds can be forced to take part in any religious instruction or that may be imparted in

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such institution that or to attend any religious worship may be conducted in such institution unless
consented by the guardian.

5. Cultural and Educational Rights (Articles 29 to 30)

India is a multi-lingual state. It comprises a vast tracts of territory consisting of people with
different cultures and traditions. Besides the fourteen recognised languages apart from English there
are more than two hundred spoken dialects in India.

Article 29 states that,

(i) Any citizen residing in the territory of India having a distinct language, script or culture of its own
has the right to conserve it.
(ii) No citizen be denied admission into any educational institution maintained by the state or
receiving aid out of state funds on grounds of religion, race, caste, language or any of them,

Article 30 provides that-

(i) All minorities whether based on religion or languages shall have the right to establish and
administer educational institutions of their choice.
(ii) The state shall not discriminate in granting aid to educational institutions on the ground that it is
under the management of a minority whether based on religion or language.
However, the Supreme Court has ruled that a state government can make learning of its
regional language compulsory even in linguistic minority schools in order to strengthen national
integration and bridge the gap between different cultural segments in society. To quote, the
Supreme Court order (2004), "The resistance to learn the regional language will lead to alienation
from the mainstream of life resulting in linguistic fragmentation within the state, which is an
anathema to national integration."

6. Right to Constitutional Remedies (Articles 32-32A)

This provision is extraordinary because it gives meaning and fulfillment to the other
fundamental rights guaranteed by the constitution. Referring to the provision, Dr. Ambedkar said, -
"If I was asked to name any one particular article in this constitution without which this constitution
could be a nullity, I could not refer to any other article except this one, it is the soul of the
constitution and the very heart of it."

Article 32 state that,

(i) A citizen may move Supreme Court by appropriate proceedings for the enforcement of rights
conferred by the constitution.

(ii) The Supreme Court has the power to issue Writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, which ever may be appropriate for the enforcement of any
of rights conferred by the constitution.
(iii) The right guaranteed by the article shall not be suspended except or otherwise provided by the
constitution.
In case of violation of fundamental rights individual has the right to move the supreme court
by an appropriate method and the supreme court has the power to issue writs, as mentioned above,
which may be appropriate for enforcement of any of the fundamental rights.

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Article 32 is a remedial right for the enforcement of the fundamental rights guaranteed by the
constitution and this right has also been made fundamental by its incorporation in the part III of the
constitution. Thus, the Supreme Court is made the protector and guarantee of the fundamental
rights.

Writ Petitions ****

Habeas Corpus (you may have the body):

This writ protects the personal liberty of a citizen. It provides a remedy for a person who has
been wrongly detained or restricted. The courts can order the authorities to produce before it a
person who has been detained or arrested for the purpose of determining the legality of his
detention.

Mandamus (We command)

It is an order to a public body or person to do what is his duty, provided it is a public duty
affecting the rights of the individual. It is mainly used for public purpose and for the enforcement of
public duties. This writ is aimed at correcting the acts of omission on part of authorities which violate
the rights of the citizens.]

Prohibition
This is a judicial writ issued by a court of superior jurisdiction and to the inferior court or
tribunal preventing it from acting without proper jurisdiction. The writ of prohibition is need at an
earlier stage to prevent the wrong action of the authorities i.e., it is a preventive step.

Certiorari
This writ is an order commonly issued by a superior court to withdraw a case if a court or
tribunal is acting without jurisdiction or in excess of it or in violation of the principles of natural
justice. By this writ the superior court prevents the lower courts from exceeding their limit.

Quo Warranto
This writ prevents the illegal assumption of any public office or usurpation of any public
office till the matter is finally decided by the court. If a person acts in an office in which he is not
entitled to act, an injunction may be granted restraining him from further acting

Fundamental Duties
The fundamental duties did not find a mention in the original constitution of 1950. It was added in
1976 through the 42nd Constitutional Amendment in Part IV-A under Article 51-A. The
fundamental duties are a conduct guide to the citizens of India in their day-to-day affairs.
The fundamental duties enshrined in article 51A now are in consonance with Article 29(1) of
the Universal Declaration of Human Rights which says: "Everyone has duties of the community in
which alone the free and full development of his personality is possible".
The new Part IV from (a) to (K) laid down 11 duties for every citizen of India. They are as
follows:

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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 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; and
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.
k. To provide opportunities for education to his child or ward between the age of six and fourteen
years (Added in 2002 through the 86th Constitutional Amendment).

FEATURES OF FUNDAMENTAL DUTIES

Following points can be noted with regard to the characteristics of the Fundamental Duties:
1. Few duties are moral duties while others are civic duties
2. The duties essentially contain just a codification of tasks integral to the Indian way of life.
3. Unlike some of the Fundamental Rights which extend to all persons whether citizens foreigners,
the Fundamental Duties are confined to citizens only and do not extend foreigners.
4. Like the Directive Principles, the fundamental duties are also non-justiciable. The Constitution
does not provide for their direct enforcement by the courts. Moreover, there is not leg sanction
against their violation. However, the Parliament is free to enforce them by suitabl legislation.

SIGNIFICANCE OF FUNDAMENTAL DUTIES

The fundamental duties are considered significant from the following viewpoints:
1. They serve as a reminder to the citizens that while enjoying their rights, they should also be
conscious of duties they owe to their country, their society and to their fellow citizens.
2. They serve as a warning against the anti-national and antisocial activities like burning the national
flag, destroying public property and so on.
3. They serve as a source of inspiration for the citizens and promote a sense of discipline and
commitment among them. They create a feeling that the citizens are not mere spectators but
active participants in the realisation of national goals.
4. They help the courts in examining and determining the constitutional validity of a law. In 1992 the
Supreme Court ruled that in determining the constitutionality of any law, if a court finds that the law
in question seeks to give effect to a fundamental duty, it may consider such law be 'reasonable' in
relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from
unconstitutionality.
5. They are enforceable by law. Hence, the Parliament can provide for the imposition d appropriate
penalty or punishment for failure to fulfil any of them.

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Directive Principles of State Policy

The Directive principles of State Policy (DPSP) as the title indicates are the principles listed in the
constitution, which directs various government agencies while making policy. It is a declaration of
"social, political and economical policy" in the framework of the constitution. The framers of the
constitution followed an Irish precedent in adopting the Directive principles. Apart from this, the
'Instrument of Instructions' provisions embodied in the Government of India Act 1935 acted as a
source for adoption of the Directive principles.
The Directive principles of state policy are included in Part IV of the constitution ranging
from Article 36 to Article 51. The purpose of incorporating Directive principles of state policy in a
separate chapter of the constitution has been explained by Ambedkar thus, "It is not the intention of
the framers of the constitution to prescribe any rigid programme for the attainment of the ideal of
economic democracy. But the framers desired to prescribe that every government shall try to bring
about economic democracy." Most of the Directive principles aim at the establishment of a welfare
state based on socialist principles. They constitute a very comprehensive political social and
economic programme for a modern democratic state. They are mostly in the nature of moral
percepts having no legal force. They confer no legal rights and create no legal remedies.

Classification of Directive Principles

The Directive Principles are embodied in as many as 16 Articles from Article 36 to Article 51.
The Article 36 mentions the various government agencies, who can utilize the principles while Article
37 emphasises that the directives are fundamental to governance of the country. The Directive
Principles of State Policy can be classified into four categories, namely:
1. Socialist principles
2. Gandhian principles
3. Liberal principles
4. General principles

1. Socialist Principles
Most of the Directive Principles aim at the attainment of a socialist society. The socialist
principles were considered essential for the purpose of establishing a welfare state.

Article 38 provides that the state shall strive to promote the welfare of the people by securing and
protecting a social order in which justice social, economic and political - prevail. –

Article 39 states that the state shall direct its policy towards securing:
(i) adequate means to livelihood;
(ii) the ownership and control of the material resources of the community are so distributed as to
serve the common good;
(iii) the working of economic system does not result in concentration of wealth at the cost of the
poor;
(iv) Equal pay for equal work for both men and women;
(v) The health and strength of workers, men, women and of children are not abused and that citizens
are not forced into any work unsuitable to their age;

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(vi) The childhood and youth are protected against exploitation and moral and material
abandonment.

Article 41 seeks to ensure right to work, to education and the public assistance in case of
unemployment, old age, sickness and disablement.

Article 42 provides for just and humane conditions of work and for maternity relief.

Article 43 calls upon the state to secure to all its workers work, wages and conditions of work
ensuring a decent standard of life and full employment of leisure and social and cultural
opportunities.

Article 46 provides the state shall take special care of the economic and educational interests of the
weaker sections of the society and in particular of the Scheduled Castes and Scheduled Tribes and
protect from all forms of exploitation.

Article 47 says that the state is only bound to raise the level of nutrition and the standard of living of
its people and the improvement of public health.

2. Gandhian Principles
The framers of the constitution were greatly influenced by the Gandhian ideology. The
Gandhian ideals and philosophy finds expression in many articles. It can be noticed in the following
principles:

(i) Article 40 states that Villages must be enabled to function a units of self-government.

(ii) Article 43 says that the state shall promote, with special care the educational and economic
interests of the harijans

(iii) Article 46 emphasise that the state shall endeavour to promote cottage industries on individual
or co-operative basis in rural areas.

(iv) Article 47 insists that the state shall endeavour to effec prohibition of the consumption, except
for medical purposes of intoxicating drinks and drugs which are injurious to health

(v) Article 48 states that the state shall take for preserving and improving the needs of milch and
drought, cattle, including cows and calves and for prohibiting their slaughter.
The 73rd Constitutional Amendment of 1993 has given statutory status to the Panchayat Raj
System, the brainchild of Gandhian local self-government.

3. Liberal Principles
Liberal principles are one which are advocated by liberal intellectuals for the betterment of
the citizens of India. The liberal provisions are embodied in the following provisions of the
constitution.

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(i) Article 44 states that the state shall endeavour to secure to all its citizens uniform civil code
throughout the territory of India

(ii) Article 45 says that the state shall endeavour to provide within a period of 10 years, from the
commencement of the constitution free and compulsory education.

(iii) Article 48 insists that the state shall endeavour to organise agriculture and animal husbandry on
modern and scientific lines.

(iv) Article 50 is of the view that the state shall take steps to separate the executive from the
judiciary in the public service of the state.

(v) Article 51 directs that the state shall endeavour to maintain international peace and security;
maintenance just and honourable relations between nations; foster respect for international law and
treaty obligations; encourage settlement of international disputes by arbitration.

4. General Principles
There are certain provisions in Directive principle of state policy which can't be included in
the three categories. They are:

(i) Article 49 says that it is the obligation of the state to protect every monument or place or object
of artistic or of historic interest, which the parliament of India has declared to be of national
importance.
(ii) To develop the spirit of inquiry and scientific temper among citizens.
(iii) Article 335 says that the claims of Scheduled Castes and Scheduled Tribes are taken into
consideration while making appointment to services under the Union or state governments.
(iv) Article 350 directs the state to ensure that the minorities are taught in their mother tongue at
the primary level.
(v) Article 351 directs the state to spread Hindi language throughout India to promote unity in
diversity.
The last three principles (Articles 335, 350, 351) are directives provided outside the Part IV
of the constitution.

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