BICOK07-207

Type Code Constitution of L-T-P Credits Marks

MC 23BTTMC302 India 2-0-0 0 100

Course objectives :
1. To know about the basic structure of Indian Constitution.
2. To know the Fundamental Rights (FR’s), DPSP’s and Fundamental Duties (FD’s) of our constitution.
3. To know about our Union Government, political structure & codes, procedures.
4. To know the State Executive & Elections system of India.
5. To learn the Amendments and Emergency Provisions, other important provisions given by the constitution.

Teaching-Learning Process
These are sample Strategies, which teacher can use to accelerate the attainment of the various course outcomes and
make Teaching –Learning more effective: Teachers shall adopt suitable pedagogy for effective teaching - learning
process. The pedagogy shall involve the combination of different methodologies which suit modern technological tools.
(i) Direct instructional method ( Low/Old Technology), (ii) Flipped classrooms (High/advanced Technological tools),
(iii) Blended learning (Combination of both), (iv) Enquiry and evaluation based learning, (v) Personalized
learning, (vi) Problems based learning through discussion.
(ii) Apart from conventional lecture methods, various types of innovative teaching techniques through videos,
animation films may be adapted so that the delivered lesson can progress the students In theoretical applied and
practical skills.
Module-1 (03 hours of pedagogy)
Indian Constitution: Necessity of the Constitution, Societies before and after the Constitution adoption. Introduction to the
Indian constitution, Making of the Constitution, Role of the Constituent Assembly.

Module-2 (03 hours of pedagogy)

Salient features of India Constitution. Preamble of Indian Constitution & Key concepts of the Preamble. Fundamental
Rights (FR’s) and its Restriction and limitations in different Complex Situations building.
Module-3 (03 hours of pedagogy)
Directive Principles of State Policy (DPSP’s) and its present relevance in Indian society. Fundamental Duties
and its Scope and significance in Nation, Union Executive : Parliamentary System, Union Executive – President, Prime
Minister, Union Cabinet.
Module-4 (03 hours of pedagogy)
Parliament - LS and RS, Parliamentary Committees, Important Parliamentary Terminologies. Judicial System of India,
Supreme Court of India and other Courts, Judicial Reviews and Judicial Activism.
Module-5 (03 hours of pedagogy)
State Executive and Governor, CM, State Cabinet, Legislature - VS & VP, Election Commission, Elections & Electoral
Process. Amendment to Constitution, and Important Constitutional Amendments till today. Emergency Provisions.

Course outcome

CO1 Analyze the basic structure of Indian Constitution.

CO2 Remember their Fundamental Rights, DPSP’s and Fundamental Duties (FD’s) of our constitution.
CO3 Know about our Union Government, political structure & codes, procedures.
CO4 Understand our State Executive & Elections system of India.
CO5 Remember the Amendments and Emergency Provisions, other important provisions given by the constitution.

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Suggested Learning Resources:
Textbook:
1. “Constitution of India” (for Competitive Exams) - Published by Naidhruva Edutech Learning Solutions,
Bengaluru. – 2022.
2. “Introduction to the Constitution of India”, (Students Edition.) by Durga Das Basu (DD Basu):
Prentice –Hall, 2008.

Reference Books:
1. “Constitution of India, Professional Ethics and Human Rights” by Shubham Singles, Charles E. Haries, and
et al: published by Cengage Learning India, Latest Edition – 2019.
2. “The Constitution of India” by Merunandan K B: published by Merugu Publication, Second Edition,
Bengaluru.
3. “Samvidhana Odu” - for Students & Youths by Justice HN Nagamohan Dhas, Sahayana, kerekon.
4. M.Govindarajan, S.Natarajan, V.S.Senthilkumar, “Engineering Ethics”, Prentice –Hall, 2004.

Activity Based Learning (Suggested Activities in Class)/ Practical Based learning

 Contents related activities (Activity-based discussions)
 For active participation of students instruct the students to prepare Flowcharts and Handouts
 Organising Group wise discussions Connecting to placement activities
 Quizzes and Discussions
 Seminars and assignments

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 CONSTITUTION

Introduction:- The Indian constitution is unique in its content and spirit. The salient features of
the constitution are as follows:-

 Lengthiest written Constitution

 Blend of Rigidity and Flexibility
 Federal system with unitary features
 Parliamentary form of Government
 Independent judiciary
 Single citizenship
 Emergency provision

Structure:- The Indian Constitution originally consisted of 395 Art, 22 parts, 8 Schedules. But
after the Constitution 104th Amendment Act, 2003, the Indian Constitution Consists of 448
Art, 25 parts, 12 Schedules.
Preamble:- The preamble to the constitution is based on the “ objective resolution” drafted and
moved by Pandit Nehru and adopted by constituent assembly. It runs as follows:-

“We THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to a SOVERIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizen:-

 JUSTICE, social, Economic, and Political;

 LIBERTY of thought, expression, belief, faith and worship;
 EQUALITY of status and of opportunity;,
 FRATERNITY assuring the dignity of the individual and the unity and integrity of the
nation; In our Constituent Assembly, this 26th November, 1949, do hereby adopt, enact
and give to ourselves this constitution.”

Purpose of the Preamble:- The preamble to the constitution is a key to open the minds of
the makers and shows the general purpose for which they made the several provisions in
the constitution. Preamble serves the following purposes:-

1. It discloses the source of the constitution.

2. It lays down the date of the commencement of the constitution.
3. It set out the rights and freedoms which the people of India wished to secure for
themselves.
4. It declares the nature of the government.

Q1:- Whether Preamble is the part of the constitution?

Ans.:- In the case of Kesvanand Bharti vs. State of Kerala, the supreme has held that
preamble is part of the constitution. Preamble is of extreme importance and the
constitution should be read and interpreted in the light of grand and noble vision
expressed in the preamble. However, two things should be noted:-
 The preamble is neither a source of power to legislature nor prohibition upon the
powers of legislature.
 It is not justiciable i.e. not enforceable in courts of law.

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 Q2:- Whether preamble can be amended?
Ans:- Supreme Court has held that preamble can be amended subject to the condition that
no amendment is done to the ‘ Basic structure’ of the constitution. The Preamble has been
amended only once by the 42nd Constitutional Amendment act, which has added three new
words- Socialistic, Secular and Integrity- to the preamble.

Nature of Indian Constitution:-The Constitution is of two kinds:-

1. Unitary:- In a Unitary Constitutions the powers of the Government are centralized in
one
Government v.z. the States or Provinces are Subordinates to the Centre.
2. Federal:- In Federal Constitution, there is a division of Powers between the federal and
the
State Government and both are independent in their own spheres. The American
Constitution is universally regarded as an example of the Federal Constitution.

Characteristics of a federal Constitution:-

1. A Written Constitution :- For a federal Constitution it is Mandatory that there should be

a written Constitution.
2. Dual Government:- In case of federal constitution, there is system of dual government
one at centre and another at state.
3. Supremacy of Constitutions:- For a federal Constitution there should be supremacy of
the Constitution. At the time of the exercise of power by three organs of the Govt. i.e.
legislative, executive and Judiciary, all functions are Subordinated and Controlled by the
Constitution.
4. Distribution of Powers:- Federalism means the distribution of powers of the State
among a Number of Co-ordinate bodies each originating in and controlled by the
Constitution
5. Rigidity:- Rigidity is one of the Basic essential of a federal Constitution. It highly depends
on the Process of amendment.
6. Independent Judiciary:- There should be an independent judiciary having authority on
other organs. In a federal Constitution the courts (judiciary) has the final power to
interpret the Constitution. Finally it should say that the judiciary is the Guardian of the
Constitution.
Conclusion : Finally if can be said that the Indian Constitution is neither Purely federal nor
purely unitary but a Unique Combination of Both aspects.

Peculiar feature of Indian Constitution:-

 Mode of formation
 Position of the state
 Citizenship
 Residuary power
 The lengthiest Constitution in the world.

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 Meaning of State:- ( Art.12) The state includes:-
 The Government and parliament of India
 The Government and legislature of each of the states.
 All local and other authorities:
o Within the territory of India
o Under the control of the Government of India
All the fundamental rights are available against the state with a few exception.
Some case law:-
 Electricity is a board within the meaning of Article 12.
 University
 Income- Tax department
 Corporation when deemed to be state?( Ajay hasia vs. Khalid Mujib)
o If the entire share capital is held by government.
o Financial assistance is provided by the government to meet the entire
expenditure.
o When corporation enjoys a monopoly status.
o When the state is having deep and pervasive control over the affairs of the
corporation.
o If the corporation is discharging public function.
 Corporation acting as an agency instrumentality of the government. ( RD Shetty vs. IAA).
 Stock Exchange is not a state because it is independent from the government control.
(Satish nayak vs. Cochin Stock Exchange Ltd.)


Fundamental Right

Introduction:- The aim of Fundamental Rights is that certain elementary rights such as right to
life, liberty, freedom of speech and freedom of faith and so on should be regarded as
inviolable under all circumstances and that the shifting majority in legislatures of the country
should not have a free hand in interfering with fundamental rights. Fundamental right is
called the Magna Carta of India.

Rights to Equality
a. Equality before law-Art 14.
b. Prohibition of discrimination on the grounds of religion race, caste, sex or place of Birth
Art 15.
c. Equality of opportunity in matters of public employment, Art 16.
d. Abolition of untouchability Art 17
e. Abolition of titles, Art 18.
Right to Equality
Equality before Law:-
Art.14 – says that “the State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.”
Analysis:- Art 14 uses two expressions:-
(1) “Equality before the law; and
(2) Equal Protection of the laws
(1) Equality before law – This concept is taken from British Constitution. The concept of equality
does not mean absolute equality among human beings which is physically no possible to
achieve. It is a concept implying absence of any special privilege by reason of birth, Creed or
the like in favour of any individual, and also the equal subject of all individuals and classes to
the ordinary law of the land.

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 In the words of Dr.Jennings- “Equality before the law” means that among equals the law
should be equal and should be equally administered, that like should be treated alike.

Rule of law – The guarantee of „equality before the law‟ is an aspect of what Dicey Calls the
“rule of law” in England. It means that no man is above the law and that every person,
whatever be his rank or conditions, is subject to the jurisdiction of ordinary courts. “Dicey
the Rule of Law has three distinct meaning “
(1) Supremacy of the law
(2) Equality before the flaw
(3) The Constitution is the result of the ordinary law of the land.
(2) Equal Protection of the Laws –
This concept is taken from American constitution. This has been interpreted to mean
subjection to equal law, applying to all in the same circumstances. It only means that all
persons similarly circumstance shall be treated alike both in the privileges conferred and
liabilities imposed by the law equal law should be applied to all in the same situation and
there should be no discrimination between one person and another. The words “any
person” in Art 14 of the constitution denotes that the guarantee of the equal protection of
laws is available to any person which includes any company or association or body of
individuals. The protection of Art 14 extends to both citizens and non-citizens and to natural
persons as well as legal persons. The equality before the law is guaranteed to all without
regard to race, colour or nationality. Corporations being juristic persons are also entitled to
the benefit of Art 14.
Test of Reasonable classification – While Art 14 forbids class legislation; it permits reasonable
classification of persons, objects and transactions by the legislature for the purpose of
achieving specific ends. But classification must not be arbitrary, artificial or evasive”. It must
always rest upon some real and substantial distinction bearing a just and reasonable relation
to the object sought to be achieved by the legislature, classification to be reasonable must
fulfill the following two conditions –
1. the classification must be founded on an “intelligible differentia” which distinguishes
persons or things that are grouped together from others left out of the group.
2. the differentia must have a rational relation to the object sought to be achieved by the
Act. K.Thimmappa v. Chairman Central Board of Directors SBI and Ram Krishna Dalmia
vs. J. Tandulkar

New Concept of Equality: Protection against arbitrariness:- In E.P.Royappa v. State of Tamil

Nadu the new concept of equality in the following words – “Equality is a dynamic concept
with many aspects and dimensions and it cannot be described, Cabined and confined”
within traditional limits from a positivistic point of view, equality is antithesis to
arbitrariness. In fact equality and arbitrariness are sworn enemies, one belong to the rule of
law in a republic while the other, to the whim and caprice of an absolute monarch. Where
an act is arbitrary, it is implicit in it that it is unequal both according to political logic and
constitutional law and is therefore violative of Art.14.
Exceptions to the equality before law- Art 361 of the Constitution permits the following
exceptions to this rule –
 The President or the Governor of a State shall not be answerable to any court.
 No criminal proceeding whatsoever shall be instituted or continued against the
President or a Governor in any court during his term of office.
 No Civil Proceeding in which relief is claimed against the President or the Governor
of a state shall be instituted during his term of office in any Court in respect of any
act done or purporting to be done by him in his personal capacity.

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 ^^^^^^^^^^^^^^^^^^^^^^
Prohibition of discrimination on certain grounds:-
Art 15(1) provides that the state shall not discriminate against any citizen on grounds only of:-
 Religion
 Race
 Caste
 Sex
 Place of birth or
 Any of them
Art 15 (2) provides that:- No citizen shall be on above grounds, subject to any disability,
liability, restriction or condition with regard to—
a. access to shops, public restaurants, hotels and places of public
entertainment; or
b. the use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use of
the general public.
Exceptions:-
Art 15 (3), (4) and (5) contains exceptions to the general principal laid down under
Art 15 (1) and (2):-
 Nothing in this article shall prevent the State from making any special
provision for women and children.
 Nothing in this article 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.
 Nothing in this article shall prevent the State from making any special
provision, by law, for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes or the Scheduled
Tribes in so far as such special provisions relate to their admission to
educational institutions including private educational institutions,
whether aided or unaided by the State, other than the minority
educational institution.
^^^^^^^^^^^^^^^^^^^^^
Equality of opportunity in matters of public employment :-( Art-16)
 There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
 No citizen shall, on grounds only of:-
o religion,
o race,
o caste,
o sex,
o descent,
o place of birth,
o residence, or
o any of them.
be ineligible for, or discriminated against in respect of, any employment or office
under the State.
Exceptions:-

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 Nothing in this article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office under the
Government of, or any local or other authority within, a State or Union territory, any
requirement as to residence within that State or Union territory prior to such
employment or appointment.
 Nothing in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any backward class of citizens
which, in the opinion of the State, is not adequately represented in the services
under the State.
 Nothing in this article shall prevent the State from making any provision for
reservation in matters of promotion, with consequential seniority, to any class or
classes of posts in the services under the State in favour of the Scheduled Castes and
the Scheduled Tribes which, in the opinion of the State, are not adequately
represented in the services under the State.
 Nothing in this article shall affect the operation of any law which provides that the
incumbent of an office in connection with the affairs of any religious or
denominational institution or any member of the governing body thereof shall be a
person professing a particular religion or belonging to a particular denomination.

^^^^^^^^^^^^^^
Abolition of Untouchability
“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.
The term “Untouchability” is not defined under the Constitution. However, it refers to
the social disabilities imposed on certain class of person by reason of their birth in
certain caste. However, it does not cover social boycott of a few individuals.
^^^^^^^^^^^^^^^^^

Abolition of Titles
 No title, not being a military or academic distinction, shall be conferred by the State.
 No citizen of India shall accept any title from any foreign State.
 No person who is not a citizen of India shall, while he holds any office of profit or
trust under the State, accept without the consent of the President any title from any
foreign State.
 No person holding any office of profit or trust under the State shall, without the
consent of the President, accept any present, emolument, or office of any kind from
or under any foreign State.

Right to Freedom
Article 19(i) defines six freedoms:-
a. Freedom of speech and expression
b. Freedom of Assembly
c. Freedom to from Association
d. Freedom of Movement
e. Freedom to reside and to settle

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 f. Freedom of Profession, occupation, trade or business.
These six freedom are however not absolute, and subject to reasonable restriction
which are as follows:-
i. Security of the State
ii. Friendly relation with foreign states
iii. Public order
iv. Decency and Morality
v. Contempt of Court
vi. Defamation
vii. Incitement to an offence
viii. Sovereignty and Integrity of India
Judicial pronouncement on Right to speech and expression:-
 Meaning:- 19(1) (a) Meaning of freedom of speech and expression The
freedom of speech and expression, means the right to speak and to
express one’s opinions by words of mouth. Writing, printing, pictures or
in any other manner. It includes publication also, which includes inherent
freedom of press. The liberty of circulation is vested in liberty of
publication.
 Right to know :- the fundamental right principally Principal involved here
is the people’s right to know.
 In Prabhu Datt Vs. Union of India – Supreme Court held that right to
know news and information about the functioning of the Govt., is
included in the freedom of Press.
 In Union of India Vs. Association for Democratic Reforms– Supreme
Court held that people have right to know about the candidate before
voting. Thus, the law preventing the Election Commission from asking for
a candidate’s wealth, Assets, liabilities education and other such
information is invalid.
 In Tata Press Ltd. Vs. M.T.N.L. the Supreme Court held that commercial
speech (Advertisement) is a part of freedom of speech and expression
U/A 19(1) (a).
 In Union of India V. Naveen Jindal, The Court held that “Flying National
Flag” is fundamental Right U/A 19(1) (a)
 Freedom of Silence – Right not to speak, In Bijoy emmanual Vs. State of
Kerala.
 Freedom of the Press - the freedom of press defined in the Indian
Constitution U/A 19(1) (a) In Indian Express newspaper Vs. Union of India,
the Court observed the expression “freedom of the Press” has not been
used in Art 19.
 Pre-censorship Invalid – In Ramesh Thapper Vs. State of Madras.

Protection in respect of conviction for offences

Ex-post facto law:-
No person shall be convicted of any offence except for violation of a law in force at the time
of the commission of the Act charged as an offence, nor be subjected to a penalty greater

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than that which might have been inflicted under the law in force at the time of the
commission of the offence.
Double jeopardy:-
No person shall be prosecuted and punished for the same offence more than once. The
protection under this clause is available only in proceedings before a court of law or a
judicial tribunal. In other words, it is not available in proceedings before departmental or
administrative authorities.
Self -Incrimination:- No person accused of any offence shall be compelled to be a witness
against himself. It extends to both oral and documentary evidence. It extends to only
criminal proceedings and not to civil proceedings. The benefit is available only when all the
following conditions are satisfied:-
 Person must be accused of an offence
 There must be compulsion to be witness
 Such compulsion should result in his giving evidence against himself.

Right to Life & Personal Liberty

“No person shall be deprived of his life or personal liberty except according to Procedure
established by law.”
In Maneka Gandhi v. Union of India. The Court has given the widest possible
interpretation of Personal liberty. Thus Art 21 requires the following Conditions to be
fulfilled before a Person is deprived of Personal liberty.
 There must me a valid law.
 The law must provide a Procedure.
 The Procedure must be (just, fair and Reasonable) ensuring Natural Justice.
Right to life includes within its ambit the right to live with Human dignity. The S.C. held
that the right to life defines not only physical existence but the “quality of life.”
Judicial Pronouncement on right to Life & personal liberty:-
 Right to Travel abroad. (Satwant Singh v. Assistant Passport officer)
 Right to livelihood. (D.K.Yadav v. J.M.A Industries)
 Right to Shelter. (Chameli Singh v. State of U.P.)
 Right to Privacy. (R.Raja Gopal v. State of T.N.)
 In PUCL Vs. Union of India, the S.C. held that telephone tapping is a serious
invasion of an individual’s right to Privacy which is part of the right to life and
personal liberty.
 Right to Health & Medical Assistance.
 Right to die NOT A RIGHT TO LIFE
 Protection of Ecology and Environmental Pollution
 Right to education under Art. 21A
 Prisoner’s Right. The Court held that if the Prisoner died due to beating by Police
Officer, his family is entitled to compensation.
 Right to free Legal Aid
 Right to speedy Trial
 Right Against Handcuffing
 Right against Delayed Execution.

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  Right to food
 Right to Marriage. (Lata Singh v. State of U.P.)
 Right to Reputation.
 Right to Die. In case of Gian Kaur v. State of Punjab “The Constitutional Bench of
Supreme Court held that “right to life” Under Article 21 does not include “right
to die.”

Right to Education-21A
Article 21A declares that state shall provide free and compulsory education to all
children of the age of six to fourteen years in such a manner as the state may decide.
Thus, this provision makes only elementary education a fundamental right and not
higher or professional education. This provision becomes effective from the date of
01.04.2012.

Protection against arrest and detention

Article 22 grants protection to persons who are arrested or detained. Detention is of
two types:-
 Punitive detention- is to punish a person for an offence committed by him
after trial and conviction in court.
 Preventive detention- means detention of a person without a trial and
conviction of court. The objective of the preventive detention is not to punish a
person for a past offence but to prevent him from committing an offence in
near future.
Article 22 has two parts:-
 First part deals with the ordinary law
 Second part deals with the preventive detention
First part:- it deals with the detention under the ordinary law and provides for the
following:-
 Right to be informed of the grounds of arrest.
 Right to consult and be defended by a legal practitioner.
 Right to be produced before magistrate within 24 hours, excluding the
journey time.
 Right to be released after 24 hours unless the Magistrate authorises further
detention.
 These safeguards are not available to an alien or a person arrested or
detained under preventive detention.
 Supreme Court has held that first part is not applicable in case of civil arrest,
failure to pay income tax.
Second Part:- It deals with the detention under the preventive detention law. The
protection is available to both citizen as well as alien and includes the following:-

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 The detention of person cannot exceed three months unless an advisory
board reports sufficient cause for extended detention.
 The grounds of detention should be communicated to the detenue.
 The detenue should be afforded an opportunity to make representation
against the detention order.
^^^^^^^^^^^^^^^^^^^
Right against exploitation
 Prohibition of traffic in human beings and forced labour:- Article 23
prohibits traffic in human beings and other similar forms of forced labour.
This right is available to both citizens and non-citizens. It protects the
individual not only against state but also against the private person.
However, state may impose compulsory service for public purpose i.e military
service or social service.
 Prohibition of employment of children in factories etc.:- Article 24 prohibits
the employment of children below the age of 14 years in any factory, mine or
other hazardous activities. But it does not prohibit their employment in any
harmless innocent work.
^^^^^^^^^^^^^^^^
Right to freedom of Religion
 Freedom of conscience etc.:- Article 25 says that all persons are equally
entitled to freedom of conscience and the right to freely profess, practice and
propogate religion. The implications of these are as follows:-
 Freedom of conscience
 Right to profess
 Right to propogate
 Right to practice
Article 25 covers not only religious belief but also religious practices. This
right is available to all person citizen as well as noncitizen.
 Freedom to manage religious affairs:- As per article 26, every religious
denomination or any of its section shall have the following right:-
 to establish and maintain institutions for religious and charitable
purposes;
 to manage its own affairs in matters of religion.
 to own and acquire movable and immovable property; and
 to administer such property in accordance with law.
Denomination:- Religious denomination should satisfy the following
condition:-
 It should be body of individuals who have been system of beliefs
which they regards as conductive to their spiritual well being.
 It should have common organisation; and
 It should be designated by a distinctive name.
 For example: - ‘Ramakrishna mission’ and ‘Anand Marg’ and Arvindo

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 Society is not the denomination.

 Freedom from taxation for promotion of Religion:- Article 27 lays down that
no person shall be compelled to pay any taxes for the promotion or
maintenance of any particular religion or religious denomination. In other
words, the state should not spend the public money collected by way of tax
for the promotion or maintenance of any particular religion.
This provision prohibits only levy of tax and not a fees. This is because the
purpose of fee is to control secular administration of religious institutions not
to promote or maintain religion.

 Freedom from attending religious instruction (RI):- Article 28 provides that

no religious instruction shall be provided in any educational institution
wholly maintained out of state funds. However, this provision shall not apply
to an educational institution administered by the state but established under
any endowment or trust requiring imparting of religious institution in such
institution.
Article 28 distinguishes between four types of educational institutions:-
 Institutions wholly maintained by the state- RI totally prohibited
 Institutions administered by the state but established under any
endowment or trust-RI permitted
 Institutions recognised by the state- RI is permitted on voluntary basis
 Institutions receiving aid from the state- RI is permitted on voluntary
basis.
Cultural and Educational Rights
Protection of interest of minority:- ( Article- 29):-
 Any section of the citizens residing in the territory of India or any part
thereof having a distinct language, script or culture of its own shall
have the right to conserve the same.
 Further, No citizen shall be denied admission into any educational
institution maintained by the State or receiving aid out of State funds
on grounds only of religion, race, caste, language or any of them.

 Right of minorities to establish and administer educational institutions:-(

30):-
 All minorities, whether based on religion or language, shall have the
right to establish and administer educational institutions of their
choice.
 In making any law providing for the compulsory acquisition of any
property of an educational institution established and administered
by a minority, 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.
 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.

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 Minority educational institutions are of three types:-
o Institutions that seek recognition as well as aid from the state.
o Institutions that seek only recognition from the state not aid.
o Institutions that neither seek recognition nor aid from the
state.
Only first two types of institutions are subject to state control.

Right to constitutional Remedies-32

Meaning:- A mere declaration of fundamental rights in the constitution is
meaningless, useless and worthless without providing effective machinery for their
enforcement. In other words right of enforcement is itself a fundamental right. That
is why Dr. Ambedkar called Article 32 as the soul of the constitution.
Article 32 empowers the Supreme Court to act as defender and guarantor of the
fundamental rights of the citizen. It has been vested with ‘original and ‘wide’ powers
for that purpose. The purpose of Art. 32 is to provide a guaranteed, effective,
expeditious, inexpensive and summary remedy for the protection of the
fundamental rights. Only the fundamental right can be enforced and not any other
right like statutory right, customary rights etc. The violation of fundamental right is
sine qua non for the applicability of article 32. However, the jurisdiction of the
Supreme Court in case of violation fundamental right is concurrent with the
jurisdiction of the High Court as per Article 226 of the constitution. It means when
the fundamental right of a citizen is violated, the aggrieved party has the option of
moving either the High Court or Supreme Court directly. Supreme Court and High
Court ( in case of any other right also) provides the remedy in form of writ which are
as follows:-
 Habeas Corpus: - it is Latin term which literally means ‘to have the body of’.
It is an order issued by the court to a person who has detained another
person to produce the body of latter before it. The court then examines the
cause and legality of the detention. It would set the detained person free, if
the detention is found to be illegal. Thus writ is a bulwark of individual liberty
against arbitrary detention.
The writ of Habeas Corpus can issued against both public and private person.
However it cannot be issued in following cases:-
 Detention is lawful.
 Proceeding is for contempt of legislation or a court.
 Detention is by a competent court.
 Detention is outside the jurisdiction of the court.
 Mandamus: - It literally means ‘we command’. It is command issued by the
court to a public official asking him to perform his official duties that he has
failed or refused to perform. It can also be issued against any public body, a
corporation, an inferior court, a tribunal or government for the same
purpose.
It cannot be issued in the following cases:-
 Against a private individual or body
 To enforce departmental instruction
 When the duty is discretionary not mandatory
 Against the president or Governor.

12
  Prohibition:- Literally means ‘to forbid’. It is issued by higher court to a
lower court or tribunal to prevent the latter from exceeding the jurisdiction.
Thus unlike, mandamus that directs activity, the prohibition directs inactivity.
It is not issued against:-
 Administrative authorities
 Legislative authorities
 Private individuals.
 Certiorari:- In the literal sense, it means ‘to be certified’ or ‘to be informed’.
It is issued by higher court to a lower court or tribunal either to transfer a
case pending with the latter to itself or squash the order of the latter in a
case. It is issued on the grounds of:-
 Excess of jurisdiction
 Lack of jurisdiction
 Error of law.
Thus, unlike prohibition, which is only preventive, certiorari is both
preventive as well as curative. Certiorari can be issued against even the
administrative authorities affecting the rights of individual as per the ruling of
the supreme since 1991.
 Quo-Warranto:- In the literal sense, ‘it means by what authority or warrant’.
It is issued by the court to enquire in to the legality of claim of a person to a
public office.
Directive Principles of State Policy
Introduction:- The D.P.S.P. contained in Part IV of the Constitution set out aims and
objective to be taken up by the States in the governance of the country. This
feature of the Constitution is borrowed from the Constitution of Ireland. The idea of
a welfare State established by our constitution can only be achieved if the States try
to implement them with a high sense of moral duty. The main object in enacting
the directive principles appears is to set standard of achievement before the
legislature and the executive, the local and other authorities, by which their success
or failure can be judge. The Constitution of India contains the following directive
principals:-
i. Directive for social order based on justice – Art 38(1) requires the State to try
and promote the welfare of the people by securing a social order in which
every one is assured social, economic and political justice.
ii. Directives in the nature of non-justifiable right of every citizen –
 right to adequate means of livelihood Art 39 (a),
 right of both sexes to equal pay for equal work Art 39 (b)
 Right against economic exploitation. Art 39 (e)
 Equitable justice and free legal aid, Art 39 (A).
iii. To organize village Panchayats as units of self-government (Art. 40)
iv. Right of work within the economic capacity of the state. Art 41
v. The State shall make provision for securing just and humane conditions of
work and for maternity relief. Art. 42.

13
 vi. To develop cottage industries. (Art 43)
vii. Participation of workers in management of industries, (Art 43A)
viii. To secure a uniform civil code for the Citizen (Art 44).
ix. The State shall endeavour to provide, free and compulsory education for all
children until they complete the age of fourteen years. Art. 45
x. To promote with special care the educational and economic interests of the
weaker section of the People and, in particular, of the Scheduled Castes and
the Scheduled Tribes, and shall protect them from social injustice and all
forms of exploitation.
xi. To prohibit consumption of liquors and intoxicating drug except for medical
purposes. (Art 47).
xii. To organize agriculture and animal husbandry on modern lines.
xiii. Protection and improvement of environment and safeguarding of forests and
wild life, (art 48A)
xiv. To protect and maintain places of historic, and artistic interest. (Art 49).
xv. To separate judiciary from executive (Art 50).
xvi. The State shall endeavour to—
a.promote international peace and security;
b. maintain just and honourable relations between nations;

Relation between fundamental rights & D.P.S.P:-

D.P.S.P contained in Part IV of the Constitution. These are defined in Art 36 to 51 set
out the aims and objectives to be taken up by the State in the Governance of the
country. The D.P.S.P. is borrowed from the Constitution of Ireland. The D.P.S.P. are
not justifiable.
Fundamental Rights are contained in Part III of the Constitution. These are defined
in Art 12 to 35. These rights are provided for to every person of India and it can be
enforced by the Court.
In Kesvanand Bharti v. State of Kerala, The Supreme Court held that the
fundamental right & D.P.S.P. aim is the some goal of bringing about a social
revolution and establishment of a welfare state and they can be interpreted and
applied together.
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 woman.
f. To value and presence the rich heritage of our composite culture.
g. To protect and improve the Natural, environment, Including forests, lakes, rivers and
wild life, to have compassion for living creatures.

14
 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 sphere of individual and collective activity. So that the
nation constantly rises to higher levels of Endeavour and achievement.
k. Who is Parent or Guardian to Provide opportunities for education to his child or as the
case be ward between the age of six and fourteen years.

Ordinance Making Power (Art 123):- If any time when both house of Parliament are
not in session, President may issue ordinance having same force of as an Act of
Parliament. Such ordinance must be laid before both houses of Parliament and shall
have effect up to six weeks of unless Parliament by disapproved by resolution.
An ordinance Promulgated under Art 123 is a law having same force and effect as an
Act at Parliament. The ordinance passed by the President cannot be inquired into
challenged in Courts. It can not violate fundamental rights.
TRADE, COMMERCE AND INTERCOURSE –
Meaning:- The word “trade” means “buying” or “selling” of goods while the term “Commerce”
includes all forms of transportation such as by land, air or water. The term “intercourse” means
movement of goods from one place to another place. The words trade commerce and
intercourse covers all kinds of activities which are likely to come under the nature of commerce.
It is to be noted that Art.19 (1) (g) also guarantees to citizens the right to practice any profession
or carry on any trade, business, etc. But while Art, 19 (1) (g) confers a fundamental right on
citizens to carry on trade, business etc. Art.301 confers only a statutory right. The right under
Art. 19 (1) (g) can only be claimed by citizens, but the right under Art.301 can be claimed by any
one.
The word “free” in Art.301 – does not mean freedom from Laws or regulations. There is a clear
distinction between laws interfering with freedom to carry out the activities constituting trade
and law imposing rules of proper conduct or other restraints for the due and orderly manner of
carrying out the activities. The distinction is known as regulations.
The word “regulation” has no fixed connotation. Its meaning differs according to the nature of
the thing which it is applied. A purely regulatory and compensatory law cannot be regarded
as violative of the freedom of trade and commerce. Such laws are intended merely to
regulate trade and commerce they tend, to facilitate, and not restrict or restrain freedom or
trade. Thus, such measures as traffic regulations, licensing of vehicles, charging for the
maintenance of roads, marketing and health regulations, price control, economic and social
planning prescribing minimum wages are purely regulatory measures., than a law which
levies a tax or toll for the use of a road or bridge is not a barrier or burden on a trade but in
reality helps the free-flow of trade by enabling the provision of a mare convenient and less
expensive route. Such compensatory taxes are no hindrance to any such freedom of trade so
long as they are within reasonable limits, if the amount of such taxes are unduly high it
certainly would hamper trade.
In this connection the Court has pointed out that the distinction between “freedom” in Art 301
and “restriction” in Art. 302 and 304 must be kept in mind, and that which, in reality
facilitates trade cannot be a restriction. While that which actually hampers trade will be a
restriction.

15
“The Majority judgement in the Atiabari Tea Co’s Case read with a majority judgement in the
Automobile’s case lead to the following principles relating of Art.301
1. Art.301 assures freedom of inter-State as well as intra-State trade, Commerce and
intercourse.
2. Trade, Commerce and intercourse have the widest connotation and take in movement
of goods and persons.
3. The freedom is not only from laws enacted in the exercise of the powers conferred by
the legislative entries relating to trade and commerce or production, supply and
distribution of goods, but also to all laws including tax laws. only those laws whose
direct and immediate effect to inhibit or restrict freedom of trade or commerce will
come with the mischief of Art.301. Laws which are merely regulatory or which impose
purely compensatory taxes, and hence intended to facilitate freedom of trade, are
outside the scope Art. 301.
4. Restrictions on Trade and Commerce – Art 301 is subject to the restrictions imposed
under Art. 302 to 305.
 Parliament’s Power to regulate trade and commerce in the Public interest – Art 302
authorizes Parliament to impose such restrictions on the freedom of trade, commerce or
inter course between one State and another or within any part of the territory of India
as may be required in the public interest.
 State‟s power to regulate trade and commerce – Art 304 (a) empowers the State to
impose any tax on goods imported from other State if similar goods in the State are
subject to similar tax so as not to discriminate between goods so imported and goods
manufactured or produced in the State.
 Saving of existing laws – Art 305 saves existing laws and laws providing for State
monopolies in so far as the President may by order otherwise direct. In Saghir Ahmad v.
State of U.P. The Supreme Court raised the question whether an Act providing for State
monopoly in a particular trade or business conflicts with the freedom of trade and
commerce, guaranteed by Art. 301, but left the question undecided. Art 19 was
amended by the Constitution (first Amendment) Act in order to take out such State
monopolies out of the purview of Art. 19 (1)(g). But no corresponding provision was
added to Art 305.
 It appears from the judgement of the Supreme Court that in spite of such an
amendment a law introducing such State monopoly might have to be justified before the
courts as being “in the public interest” or as amounting to a “reasonable” under Art.306
(b) of the Constitution.

16
The Constitution of India – its Nature MODULE - 5
The Constitution of
India-I

17

Notes
THE CONSTITUTION OF INDIA –
ITS NATURE

A Constitution is a set of laws and rules, setting up the machinery of the

government of a State which defines and determines the relations between the
different institutions and areas of the government, the executive, the legislature
and the judiciary, the central, the regional and the local governments. Every
Constitution aims to build up a governmental structure based upon certain basic
and well established principles. Although some of these principles are common
to most of the Constitutions, there are others which vary from Constitution to
Constitution. The Constitution of India is not an exception to this rule and it
has its own basic principles.

The Constitution of India is the supreme law of the land. It lays down the frame-
work defining fundamental political principles, establishes the structure,
procedures, powers and duties of government and spells out the fundamental
rights, directive principles and duties of the citizens. It is the largest written

Figure 17.1 The Constitution of India

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 MODULE - 5 The Constitution of India – its Nature
The Constitution of
India-I Constitution of any sovereign country in the world, containing more than 395
Articles and divided into 24 parts and 12 schedules passed and adopted by the
Constituent Assembly on 26th November, 1949. It came into effect on 26th
January, 1950. The Constitution declares the Union of India a Sovereign,
Socialist, Secular, Democratic Republic, assuring its citizens of Justice, Equality
and Liberty and endeavors to promote Fraternity among them all.

Notes

OBJECTIVES
After studying this lesson you will be able to:

z understand the nature of the Indian Constitution;

z describe the composition of the Constituent Assembly and the role of the
Drafting Committee as well as the objectives of the Constitution;
z appreciate the importance of the ‘Preamble’ of the Constitution of India;
z describe the main characteristics of the Constitution of India;
z distinguish between the written and the unwritten Constitution; and
z Identify the Federal and Unitary character of Indian Constitution.

17.1 THE NATURE OF THE INDIAN STATE

The main characteristics of the Indian State are following which highlight the
nature of the State itself:

(i) Liberal – Democratic State: The model of a liberal – democratic State

signifies a political system in which democracy or ‘the rule of Law’ prevails
to make the regime ‘legitimate’ in the real sense of the term. The machinery
of government is run by the chosen representatives of the people who are
accountable to them for their policies and actions. The liberal democratic
State is based on the assumption that the government is not an end in itself
but a means for the realisation of the greatest good of the greatest numbers.
Besides, the authority of the government is not absolute but limited by the
laws.
All this brings us to the point that India stands for the preservation of the
entire paraphernalia of a Liberal – Democratic State. It has been correctly
asserted that the Constitution facilitates for adult franchise, periodic,
elections, representative and responsible government, independent judiciary,
rule of law and separation of powers.

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(ii) Federal State: Mahatma Gandhi talked about decentralisation of powers India-I
of the State in the Indian context. All the powers of economic development
and social change are vested in the State. The State has been bestowed with
vast powers in the field of agriculture as well as industrial development.
In the words of Rajni Kothari, ‘the ideology of a stronger and centralised
State and the cult of personality have brought the country close to a
centralised State’.
Notes
(iii) A Welfare State: The framers of the Indian Constitution incorporated many
provisions to make India a Welfare State. The basic aims of a Welfare State
were clearly included in the Preamble to the Constitution, and virtually in
all provisions contained in Part IV of the Constitution, containing the
Directive Principles of State Policy. Article 38 states : “The State shall strive
to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and
political, shall inform all the institutions of national life.”
(iv) Caste-ridden Society: A system of hierarchical social organisation was
evolved and practiced by our ancestors from the beginning of the early
civilisation, which is the basic foundation of India’s social structure. The
institution of caste determines a person’s place right from the day he/she
is born, and inherits his occupation from his father and, in turn, passes it
on to his descendants. What is significant about the caste system is that
castes are forced not only among the Hindus, but also to some extent among
the Indian Muslims, Christians, Sikhs, Jains and Jews etc.
(v) Multi-religious Society: There is no homogeneity on the basis of religion.
The Indian population is divided into Hindus, Muslims, Buddhist, Paris and
Christians. It is a fact that there is not a single community which is not
diverse. Even the personal laws are not uniform.
Besides these social, cultural, religious and racial diversities, India remains
a largely unified society. It is surprising that beneath the bewildering
diversity of religion, language and customs of this vast country, the
underlying unity is remarkable. India is a political entity, every part of which
is governed by the same Constitution.

INTEXT QUESTIONS 17.1

1. What is meant by a Welfare State?

2. Mention any two characteristics of the Indian State.

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17.2 THE CONSTITUENT ASSEMBLY
A Constituent Assembly was constituted for formulating or adopting a new
Constitution. The concept of a Constituent Assembly implies the right of people
to determine their own future and decide the nature and type of policy under
which they would like to live.
The enormous task of drafting India’s Constitution was taken up by the will
Notes
of the Indian people. The Constitution for India was drafted during the years
from December 1946 to November 1949. During this period, it held eleven
sessions and performed real work for 165 days. The historic document –free
India’s Constitution was passed and adopted by the Assembly on November 26,
1949 and it came into force on January 26, 1950.
In all, the Constituent Assembly was to have 389 members. As many as 296
of them were to the elected from British India and 93 were to be representatives
of the native states. The members of the Constituent Assembly were indirectly
elected by the members of the then existing Provincial Assemblies. In addition
members were also nominated by the princely states. For elected members seats
were reserved on communal basis. India was one and undivided when the
Constituent Assembly was constituted. However, at the time of independence
the Muslim League bycotted the Assembly. As a result, members representing
the areas included in Pakistan ceased to be members of India’s Constituent
Assembly. Hence, out of 296 elected members only 229 remained as on 31st
December 1947. The Constituent Assembly was dominated by members
belonging to Congress. Within the Congress, mostly all the leaders of the
freedom movement were members of the Assembly. Out of the 229 members
of the Constituent Assembly 192 belonged to Congress, 29 to Muslim Leagne,
1 Akali and seven were independent members.
The First meeting of the Constituent Assembly was presided over by Dr.
Sachidanand. Later Dr. Rajendra Prasad was elected the President of Constituent
Assembly. The members of the Constituent Assembly were not selected purely
on party basis, but were drawn from all walks of life and represented almost
every section of the Indian population. The moving spirit of the Assembly was
Jawaharlal Nehru, the first Prime Ministers of Free India. In the opinion of
Subhash Kashyap, “While Nehru fashioned its structure and shape, most
significantly, Nehru gave to the Constitution of India its spirit and soul, its
philosophy and its vision”.

17.2.1 Committees of the Constituent Assembly

The Constituent Assembly had a total of more than fifteen Committees,
prominent of which were : the Drafting Committee, the Union Power Committee,

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the Union Constitution Committee, the Advisory Committee on Minorities and India-I
Fundamental Rights, the Committee on Chief Commissioner’s Provinces, the
Committee on Financial Provisions of the Union Constitution and the Advisory
Committee on Trible Areas. These Committees submitted their reports between
April – August, 1948 which were considered by the Constituent Assembly. On
the basis of these decisions, the final shape and form was given by Dr. B. R.
Ambedkar and his colleagues in the Drafting Committee.
Notes
The Constituent Assembly appointed a Drafting Committee on 29th August,
1947 to consider the Draft Constitution. Dr. B. R. Ambedkar was appointed
its Chairman and was assisted by some other members. The Drafting Committee
under the Chairmanship of Dr. B. R. Ambedkar embodied the decisions of the
Constituent Assembly with alternative and additional proposals in the form of
a ‘Daft Constitution of India’ was first published in February 1948. The Draft
Committee took less than six months to prepare the Draft.

INTEXT QUESTIONS 17.2

Fill in the blanks.
1. The chairman of Drafting Comittee was .................. .
(Pt. Jawaharlal Nehru/Dr. Rajendra Prasad/Dr. Ambedkar)
2. The chairman of the Constituent Assembly was ................. .
(Dr. Rajendra Prasad/Dr. B. R. Ambedkar)

17.3 OBJECTIVES OF THE CONSTITUTION

Quite a good number of political thinkers are of the opinion that the Constitution
of independent India was framed in the background of about two hundred years
of the colonial rule, a mass based freedom struggle, the national movement,
partition of the country and spread of communal violence. The framers of the
Constitution were concerned about the aspirations of the people, integrity and
unity of the country and establishment of a democratic society. Different
members of the Constituent Assembly held different ideological views. Some
of them were inclined to socialist principles, still others laid emphasis on
Gandhian thinking. Most of them agreed to give India a ‘Constitution’ which
will fulfill the cherished ideals of the people.

As a result, conscious efforts were made to have consensus on different issues

and principles to avoid disagreements and conflicts. This consensus came out
in the form of the ‘Objective Resolution’ moved by Pandit Jawaharlal Nehru
in the Constituent Assembly on 17 December, 1946 which was almost

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India-I unanimously adopted on January22, 1949. In the light of these ‘Objectives’ the
Constituent Assembly completed its task by November 26, 1949. The Constitution
was enforced with effect from January 26, 1950. From this auspicious day India
became a Republic. Exactly twenty years before the first independences day was
celebrated on January 26, 1930 as decided by the Lahore Session of the Congress
on December 1929. Hence, January 26, was decided as the day to enforce the
Constitution of India. Pandit Jawaharlal Nehru commenting on the aforesaid
Notes
Resolution said: ‘Objective Resolution’ is something more than a resolution. It
is a declaration, a firm resolve, a pledge, an undertaking and for all of us a
dedication.

INTEXT QUESTIONS 17.3

1. “The Objective Resolution was moved by Pt. Jawaharlal Nehru on 17th Dec.
1946.” (True/False)
2. “Maintaining the Integrity and Unity of the country was one of the main
objective of the framers of the Indian Constitution.” (True/False)

17.4 THE PREAMBLE OF THE INDIAN CONSTITUTION

AND ITS IMPORTANCE
The Preamble to a Constitution is expected to embody the fundamental values
and the philosophy on which the Constitution is based and the aims and
objectives the founding fathers enjoined to strive to achieve. In other words
Preamble is a preliminary or introductory statement in speech or writing. It has
been rightly stated that ‘Preamble’ is like an introduction or preface of a book.
It explains the purposes and objectives with which the document has been
written. As such the ‘Preamble’ provides the guidelines of the Constitution.

17.4.1 Preamble
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 of opportunity; and to promote
among them all Fraternity assuring the dignity of the individual and the unity
and integrity of the Nation; in our Constituent Assembly this twenty – sixth day
of November, 1949 do hereby adopt, enact and give to ourselves this
Constitution.

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The ‘Preamble’, in brief, explains the objectives of the Constitution in two ways: India-I
One, about the structure of the governance and the other, about the ideals to
be achieved in independent India. It is because of this, the Preamble is considered
to be the key of the Constitution. A motion was adopted by the Assembly that’
the Preamble stands a part of the Constitution’. It would be pertinent to look
at what do these objectives mean and how have these been reflected in the
Constitution.
Notes
The opening and closing words of the Preamble, “We the people of India, adopt,
enact and give to ourselves this Constitution” convey that the Constitution
emanated from the people and the sovereignty under the Constitution was in
the people.

The type of government assured to the people of India by the Constitution was
described in the Preamble as Sovereign, Socialist, Secular, Democratic Republic.

‘Sovereignty’ is one of the foremost element of any independent State. It means

absolute independence i.e. a government which is not controlled by any other
power: internal or external. A country cannot have its own Constitution without
being sovereign. Hence, India is a sovereign country. It is free from external
control. It can frame its own policies as well as it is free to formulate its own
foreign policy.

The word ‘Socialist’ was not there in the Preamble in the Constitution originally.
It was added by the 42nd Amendment in 1976. The term ‘Socialist’ is somewhat
controvercial as it means different things to different persons. In our Constitution
it has been used in the context of economic planning. The use of the word
‘Socialist’ implied acceptance of the State’s major role in economy. It also means
commitment to attain the ideals such as removal of inequalities, provision of
minimum basic needs to all, equal pay for equal work, avoidance of concentration
of wealth and means of production in a few hands. Combining the ideals of
political, social and economic democracy with that of equality and fraternity,
the Preamble aims to establish what Mahatma Gandhi described as “The Indian
of my dreams … an India, in which the poorest shall feel that it is their country
in whose making they have an effective voice … an India in which all
communities shall live in perfect harmony … where women will enjoy the same
rights as men”

The unity and fraternity of the people of India, professing a numbers of faiths
has been sought to be achieved by enshrining the ideal of a ‘Secular State’,
which means that the State protects all religions equally and does not uphold
any religion as the State religion. In other words ‘India is neither religious, nor
irreligious nor anti-religious.’ It implies that in India there will be no ‘State

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India-I religion’- the State will not support any particular religion out of the public fund.
It highlights that the State shall have no religion of it own. All persons shall
be equally entitled to freedom of conscience and the right to profess, practise
and propagate any religion of his/her choice. This has two implication (a) every
individual is free to believe in, and pracice, any religion he/she belongs to and
(b) State will not discriminate against any individual or group on the basis of
religion.
Notes
The term ‘Democratic’ is very comprehensive. In a narrow political sense, it
refers only to the form of government, a representative and responsible system
under which those who administer the affairs of the State are chosen by the
electorate and accountable to them. However, in the broadest sense, it embraces
in addition to political democracy also social and economic democracy. The last
line of the Preamble says “…. hereby adopt, enact and give to ourselves this
Constitution”. In fact, the democratic principles of the country flow from the
last line of the Preamble. Democracy is generally known as a government of
the people, by the people and for the people.

The term ‘Republic’ implies ‘an elected Head of the State’. A democratic State
may have an elected or a hereditary head. The British monarch, a hereditary
ruler, is no hindrance to the latter type. There, the monarch, a hereditary ruler
is no hindrance to democratic government as the real rules of the State is in
the hands of the representative of the electorate. Under a Republic form, on
the contrary, the Head of the State, single or collective, is always elected for
a prescribed period. For example in U.S.A., the Head of the State and Chief
Executive (the President) is elected for a period of four years. Similarly, in
Switzerland, a collegium of seven members is elected for a term of four years
to constitute the executive.

The Preamble proceeds further to define the objectives of the Indian political
system. There are four objectives : Justice, Liberty, Equality and Fraternity.
It has correctly been said that the struggle for freedom was not only against
the British rule but also was to usher in an era of restoring the dignity of men
and women, removal of poverty and to end all types of exploitation. Such strong
motivations and cherished ideals had promoted the framers to lay emphasis on
the provisions of the aforesaid four objectives.

Justice implies a harmonious reconcilement of individual conduct with the

general welfare of society. The essence of justice is the attainment of the common
good. It embraces, as the Preamble proclaims, the entire social, economic and
political spheres of human activity. In other words justice promises to give
people what they are entitled to in terms of basic necessities or rights to food,
clothing, housing, participation in the decision making and living with dignity

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as human beings. The Preamble not only covers various dimensions of justice India-I
but also grants the political justice in the form of ‘universal adult franchise’
or ‘representative form of democracy’.

Liberty: The term is used in the ‘Preamble’ not only in a merely negative sense
but in a positive sense also. It signifies not only the absence of any arbitrary
restraint on the freedom of individual actions but also the creation of conditions
which provide the essential ingredients necessary for the fullest development of Notes
the personality of the individual. The ‘Preamble’ lays emphasis on liberty of
thought and expression which have been granted in the Constitution through
the Fundamental Rights.

In fact, liberty and equality are complementary to each other. Equality does not
mean that all human beings are equal mentally and physically. On the other hand,
it signifies equality of status, and equality of opportunity. The equality of status
is provided by prohibition of artificial restriction on the ground of religion, race,
caste, colour, place of residence etc. It is supplemented by the prohibition of
untouchability and by the abolition of titles. At the same time, equality of
opportunity is provided by the guarantee of rule of law signifying equality before
law and non- discrimination in matters of public employment.

The ‘Preamble’ emphasises the objective of Fraternity in order to ensure the

dignity of the individual and the unity of the nation both. Fraternity is understood
as a spirit of brotherhood, the promotion of which is absolutely essential in our
country which is composed of various races and religions.’ Regarding ‘dignity
of the individual’ K.M. Munshi said “It is an instrument not only of ensuring
and maintaining democratic set up vehementally but it also recognizes that
personality of every individual is sacred.” Similarly the words ‘Unity and
Integrity’ “have to prevent tendencies of regionalism, provincialism, linguism,
communalism and secessionist and separate activities” more and more so that
the dream of the national integration on the lines of enlightened secularism is
achieved.

The Constitution of a country, in simple terms, is a collection of the legal rules

providing the framework for the governance of the country. It reflects the
dominant beliefs and interests or some compromise between conflicting beliefs
and interests, which are characteristics of the society at the time it was framed
and adopted. It is a fact that no Constitution is perfect and the Constitution of
India is no exception to this general rule. However, it goes to the credit of India
that the wage for constitutional government was so deep-rooted that India
devised a Constitution of its own within three years after achieving the political
independence. The Constitution India adopted was intended to be not merely a
mean of establishing a governmental machinery but also an effective instrument

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The Constitution of
India-I for orderly social change. The strength and stability of a Constitution depends
largely on its ability to sustain a healthy and peaceful social system and when
the occasion demands, facilitate the peaceful transformation of its economic and
social orders. From this point of view the Constitution has not even a single ideal
which even its severest critic would characterise as outmoded or reactionary. Its
basic objective is to establish a Democratic, Socialist, Secular Republic with a
view to secure Justice, Liberty, Equality and Fraternity to all its citizens.
Notes

INTEXT QUESTIONS 17.4

Fill in the Blanks:

(a) The Preamble contains the ....................... of the Constitution.

(characteristics/objectives)
(b) The Preamble of the Constitution described India ........................ .
(Unitary State, Sovereign, Socialist, Secular, Democratic State)
(c) The word ‘Socialist’ and Secular were added in the Preamble by
........................ Constitutional Amendment. (42nd/46th)

17.5 SALIENT FEATURES OF THE CONSTITUTION

If we look at the various Constitutions of the world, we would come across
a variety of features of these Constitutions. Broadly speaking these Constitutions
are classified on the basis of the political systems which are adopted by them.
Modern political systems are of four categories on four different bases. Firstly
there are democratic and authoritarian governments – the classification being
based on extent of popular participation and extent of autonomy of the system.
Second is based on legislature – executive relationship in a democratic polity.
We distinguish them as Parliamentary and Presidential political system. Third,
political system is classified between federal and unitary on the basis of
geographical distribution of powers. Finally, depending on the economic
structure, we classify political systems as capitalist and socialist governments.

In adition to the above, these is another classification popularly known as having

written and unwritten Constitution. In most of the political systems the Constitutions
are written one. It is only in Britain that the Constitution is categorise as unwritten.
There had been a controversy in respect of Constitution of England. Some
thinkers are of the opinion that there is no Constitution in England as such whereas
some other say that it has the oldest Constitution in the world.

These observations are the result of different interpretations of the single

document, written and enacted at a particular time, embodying the fundamental

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The Constitution of
special sanctity. Such a Constitution may be drawn up either by a convention India-I
or Assembly abated for that purpose, or may be promulgated by a monarch or
a dictator. Bush Paine and Tocqueville had their eyes fixed on form rather than
on substance. Prof Dicey tries to remove the confusion and defines the
‘Constitutions’ as the British understand it, as the sum total of “rules which
directly or indirectly affect the distribution or the exercise of a sovereign power
in the State.”
Notes
To sum up, there is a Constitution in England which was never enacted and
is not written. It is the result of gradual evolution of political institution over
the centuries and is based on evolution of conventions, which can be modified
either by fresh conventions or by laws of the sovereign Parliament ‘It is a child
of wisdom and chance, whose powers have been some times guided by accident
and sometimes by high design.’

Written Constitution
Unlike the Constitution of England, Constitutions of the United States of
America, Canada, France, India are written Constitutions, though these differ
from each other in one way or the other. The Constitution of India has the
distinction of being the lengthiest and detailed Constitutional document the
world has so far produced. It has been the endeavors of the framers of the
Constitution to provide for the solutions of all the problems of administration
and government of the country. Even those matters which are subjects of
convention in others countries have been put down in black and white in the
Constitution of India. The Constitution of U.S.A. comprises only seven Articles,
the Australian has 128 Articles and the Canadian contains 147 Articles. In order
to prepare such a voluminous Constitution, the founding fathers of the Indian
Constitution time consumed 2 years, 11 months and 18 days. It is sometimes
asked why the framers of Indian Constitution deemed it necessary to draw up
such a ponderous constitutional document and ignored what Sir Ivor Jennings
has described as the golden rule for all constitution makers, viz., “never to put
in anything that can be safely left out.” The answer as Sir Ivor Jennings has
himself pointed out is, that the great volume of the Indian Constitution is largely
a legacy of the past.

For a federation it is essential that its Constitution should be a written one so

that both the units, the States and the Centre can refer to it as and when the
need be. Accordingly, the Constituent Assembly prepared a written constitution
containing 395 Articles and 12 Schedules Hence, it is the most elaborate
Constitution of the world and it took almost three years in completing it.

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India-I Partly Rigid and Partly Flexible
Another feature of Indian Constitution which separates it from other constitutions
of the world is that it is partly rigid and partly flexible. The procedure laid down
by the Constitution for its amendment is neither very easy, as in England nor
very rigid as in the United States. In England, which has no written Constitution,
there is no difference between an ordinary law and a constitutional law. The
Notes constitutional law can be amended exactly in the same manner in which ordinary
legislation is passed or amended. In the United States, however, the method of
constitutional amendment is highly rigid. It can be carried out only with the
agreement of the two third majority of the Congress i.e. the legislative body
or the Parliament and its subsequent ratification by at least three fourth of the
states. The Constitution of India strikes a golden mean, thereby avoiding the
flexibility of the British Constitution and the extreme rigidity of the American
Constitution.

In India, only the amendment of a few of the provisions of the Constitution

require ratification by the State Legislatures and even that ratification by only
½ of them would suffice (while the American Constitution requires ratification
by ¾ of the states). The rest of the Constitution may be amended by a special
majority of the Union Parliament i.e. a majority of not less than 2/3 of the
members of each House present and voting, which again must be a majority
of the total membership of the House.

Besides the above mentioned methods, Parliament has been given the powers
to alter or modify the provisions of the Constitution by a simple majority as
is required for general legislation, by laying down in the Constitution that such
changes shall not be deemed to be ‘amendments’ of the Constitution. It is
important to note that in more than 62 years, a number of constitutional
amendments have been passed. This indicates that Indian Constitution is flexible.
However, it should be remembered that the basic structure of our Constitution
can not be amended.

Federal System with Unitary Bias

A prominent characteristic of our Constitution is a Federal System with the
Unitary base. In others words, though normally the system is federal, the
Constitution enables the federation to transform into a Unitary State.

Federalism is a modern concept. Its theory and practice in modern times is not
older than American federation which came into existence in 1787. In a federal
set up there are two tiers of government with well defined powers and functions.
In such a system the Central government and the governments of the units act
within a well defined sphere, coordinate with each other and at the same time

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The Constitution of
act independently. The federal polity, in other words, provides a constitutional India-I
device for bringing unity in diversity and for the achievement of common national
goals.

17.6 FEDERAL FEATURES

The Indian federal system of today has such characteristics which are essential
for the federal polity. The main federal features of the Indian Constitution are Notes
as follows :

A. Written and Rigid Constitution

An essential characteristic of a federation is that the Constitution should not
only be written but it should be rigid also. This rigidity is specially desired by
the federating units so that the Centre subsequently does not change the list of
subjects to suit its convenience. In other words, it cannot be changed easily.
All the provisions of the Constitution concerning Union-States relations can be
amended only by the joint action of the State Legislature and the Union
Parliament. Such provisions can be amended only if the amendment is passed
by 2/3 majority of the members present and voting in the Parliament (which must
also constitute the absolute majority of the total membership) and ratified by
at least one half of the States.

B. Supremacy of the Constitution

In a federation, the Constitution should be supreme both for the Centre as well
as the federating units. The Constitution is the supreme law of the land and the
laws passed by the Union or the State governments must conform to the
Constitution. Accordingly, India’s Constitution is also supreme and not the
handmade of either the Centre or of the States. If for any reason any organ of
the State violates any provision of the Constitution; the courts of law are there
to ensure that the dignity of the Constitution is upheld at all costs.

C. Division of Powers
In a federation there should be clear division of powers so that the units and
the Centre are required to enact and legislate within their sphere of activity and
none violates its limites and tries to encroach upon the functions of others. This
requisite is evident in our Constitution. The Seventh Schedule contains three
Legislative Lists, viz Union List, Sate List and Concurrent List.

The Union Lists consists of 97 subjects, the more important of which are defence,
foreign affairs, post and telegraph, currency etc. The State List has 66 subjects
including – jails, police, administration of justice, public health, agriculture etc.

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The Constitution of
India-I The Concurrent List embraced 47 subjects including criminal law, marriage,
divorce, bankruptcy, trade unions, electricity, economic, social planning and
education etc. The Union government enjoys legislative powers to legislate on
the subjects mentioned is the Union List. The state governments have full
authority to legislate on the subjects of the State List. Both the Centre and the
States can legislate on the subjects mentioned in the concurrent list such as
education, stamp duty, drugs and poisoneous substances, newspapers etc.
Notes However, in case of a conflict between the Union and the State law relating to
the same subject, the Union law prevails over the State law. Besides, the power
to legislate on all those subjects which are not included in any of the three lists
are known as ‘Residuary Subjects’. These rest with the Union government.

D. Independence of Judiciary and Provision of Supreme Court

For a federation, it is essential that the judiciary should be independent there
must be provision of Supreme Court to settle federal disputes. It should be
custodian of the Constitution. If any law contravenes any provision of the
Constitution, the apex court i.e. the Supreme Court of India can declare it as
null and void or unconstitutional. In order to ensure the impartiality of the
judiciary, the Chief Justice or the judges can not be removed by the executive
nor their salaries can be curtailed by the Parliament.

E. Bicameral Legislature
A bicameral system is considered necessary for a federation. In the Upper House
i.e. Council of States, representation is given to the States. In the House of the
People or Lok Sabha, the elected members represent the people. The members
of Rajya Sabha are elected by the State Legislative Assemblies, but unlike the
Senate of the United States (wherein all the 50 States big or small, only two
senators are elected), equal representation is not given to 28 States in India.

INTEXT QUESTIONS 17.5 AND 17.6

1. Mention any four characteristics of the Indian Constitution.
2. How many Articles are there in the Constitution of India?
3. State any two federal features of the Constitution of India.

17.7 UNITARY FEATURES

Looking at these features, political thinkers are of the opinion that India has
a federal set up. The framers of the Indian Constitution have a different view

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point. They opinion that Indian federation is actually not a true federation as India-I
there are certain non-federal features, hence India is federal in form but unitary
in spirit. Hence, it would be proper to examine the unitary characteristics of
the Indian Union :

A. A Strong Centre
From the division of powers one can make out that the State governments are Notes
government of limited and enumerated powers. As against this, the Union
government under certain circumstances has power over the State governments
and also the control over the residuary subjects.

B. Single Constitution for the Union and the States

Normally, under a federal set up, the States have their own Constitutions i.e.
separate from that of the Union. Such is the case in the United States. On the
contrary there is only one Constitution for the Union and the states and there
is no separate Constitution for the States in India.

C. Single Unified and Integrated System of Judiciary

The States of the United States have their own judicial system independent and
uncoordinated with the federal judiciary. Australia also has more or less the same
pattern. But in India the Supreme Court and the High Courts form a single
integrated judicial system. The civil and the criminal law are codified and are
applicable to the entire country.

D. Common All India Services

The Indian Constitution has certain special provisions to ensure the uniformity
of the administrative system and to maintain minimum common administrative
standards without impairing the federal principle. For this purposes a provision
has been made for common all Indian Services.

E. Appointment of the Governor by the President

The Head of the State, the Governor, is not elected like the Governors of
American States. In India, they are appointed by the President, They hold the
office during his/her pleasure. The President can transfer him/her from one state
to another state, On certain occasions he/she can be asked to look after one
or more states. This enables the Union government to exercise control over the
State administration.

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India-I

INTEXT QUESTIONS 17.7

1. State any two unitary features of the Indian Constitution.
2. “The Indian Constitution is federal in nature with unitary bias” Is this
statement True or False?
Notes
17.8 CRITICAL ANALYSIS OF INDIAN FEDRALISM
The founding fathers of the Indian Constitution were deeply concerned about
ensuring the unity and integrity of the country. They were aware of the forces
of disruption and disunity working within the country. These changes, at the
time of independence, could be handled only by a strong government at the
Centre. Hence, the framers of the Constitution assigned a predominate role to
the Centre. At the same time they made provisions for the establishment of a
co- operative federalism. It is also a fact that during the working of the last
six decades, the relations between the Centre and the States have not always
been cordial.
It may be noted that unity and diversity are very well co-ordinated in federal
system. The units of a federation enjoy political and economic autonomy in their
internal administration. It is a fact that federation is based on the principle
decentralisation. It implements the idea that the government should be nearer
the people so that they can reach it. Local problems can be more easily solved
by the local and regional government, rather than one over – burdened central
government. Division of powers leads to greater efficiency. Stability is better
maintained in the federal system.
On the other hand, federal government has certain shortcomings also. Different
political parties in power at the Centre and in some of the States, the possibility
of political clashes is increased. No doubt, federalism is certainly an expensive
system. Herman Finer correctly opined, “It is financially expensive since there
is a lot of duplication of administrative machinery and procedure. It is wasteful
of time and energy, and that it depends much on negotiations, political and
administrative, to secure uniformity of law and proper administrative fulfillment.”
In India, after every crisis, the centre has emerged more powerful than before,
which shows that crisis can be better solved by a powerful central government.
This proves the weakness of federalism and strength of the unitary government.
However, despite certain shortcomings, the federal government appears a better
and fair alternative.
While summing up, one seems to be agreeing with Durga Das Basu that India
is neither purely federal nor purely unitary but is a combination of both. It is
a Union or Composite State of a novel type. Political thinkers have stated that

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The Constitution of
the Central government has, in fact, such extraordinary authority that India is India-I
not more than a ‘quasi – federal’ at best, or that if it is a federation at all, it
has many unitary features. In the words of G. N. Joshi, “These, then, are some
of the special features of the Indian Union. It both resembles and differs from
other federations. It may correctly be described as a ‘Quasi – Federation’ with
many elements of unitarity.”

Notes
INTEXT QUESTIONS 17.8
1. “India is neither purely federal nor purely unitary, but is a combination of
both” (True/False)
2. “India can be correctly be described as Quasi– Federation with many
elements of unitarity.” (True/False)

WHAT YOU HAVE LEARNT

A Constitution symbolises independence and sovereignty of a country. The
framing of the Constitution of India was completed on November 26, 1949 when
the Constituent Assembly formally adopted the new Constitution. The Constitution
came into force with effect from January 26, 1950.
The Constitution regains with Preamble which declare India Sovereign, Socialist,
Secular, Democratic, Republic. The Preamble also maintains the goals of
securing justice, liberty and equality for all its citizens and promotion of Nation’s
unity and integrity on the basis of fraternity among the people assuming the
dignity of the individual.
The Constitution of India has several distinctive features. It is the lengthiest
written Constitution in the world and it is a combination of rigidity and flexibility.
The Constitution provides for a quasi-federal set up with a strong center. There
is a class division of powers between the Center and the States. There is an
independent single unified system of judiciary. The Supreme Court of India is
the apex court of India. There are certain unitary features in the Indian
Constitution such as Single Constitution, Single Citizenship, All India Services
and the distribution of power in favour of the Center. India has a Parliamentary
form of government headed by the Prime Minister who is responsible to the
Parliament both individually and collectively.

TERMINAL QUESTIONS
1. What is the importance of the Preamble to the Constitution?
2. What are the essential characteristics of a Federal State?

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The Constitution of
India-I 3. Explain the meaning and relevance of secularism in Indian Context.
4. Explain the significance of ‘Supermacy of the Constitution’.
5. Explain briefly 'India as a Federal State'.
6. Write short notes on:
(a) Supermacy and Independence of Judiciary
(b) India as a Welfare State.
Notes
(c) Role of the Constituent Assembly.

ANSWER TO INTEXT QUESTIONS

17.1
1. A Welface State can be described a State which does maximum good of
the maximum people.
2. (i) Democratic Republic State
(ii) Secular State

17.2
1. Dr. B. R. Ambedkar
2. Dr. Rajendra Prasad

17.3
1. True
2. True

17.4
(a) Objectives
(b) Sovereign, Socialist, Secular, Democratic, Republic.
(c) 42nd Constitutional Ammendment

17.5 and 17.6

1. (a) Written Constitution
(b) Partly rigid and partly flexible
(c) Supremacy of the Constitution
(d) Supremacy and indepence of judiciary
2. 395

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3. (i) Division of Powers. India-I

(ii) Written Constitution.

17.7
1. (i) Single unified and integrated system of judiciary.
(ii) Single Constitution for the Union and the States.
2. True Notes

17.8
1. True
2. True

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Democracy at Work

16
Notes

FUNDAMENTAL RIGHTS AND

FUNDAMENTAL DUTIES
Now-a-days, terms like ‘right to education’, ‘right to information’ and ‘right to protest
peacefully’ are being used quite frequently. Many a time, you also feel that you have
certain rights. Simultaneously, you may have been told by some one, may be your
teacher, that you have certain duties towards other individuals, society, nation or the
humanity. But do you think that every human being enjoys the rights or everyone
performs the duties? Perhaps not. But everyone will agree that there are certain rights
that must be enjoyed by individuals. Particularly, in a democratic country like ours,
there are rights that must be guaranteed to every citizen. Similarly there are certain
duties that must be performed by democratic citizens. Which is why, the Constitution
of India guarantees some rights to its citizens. They are known as Fundamental Rights.
Besides, the Indian Constitution also enlists certain core duties that every citizen is
expected to perform. These are known as Fundamental Duties. This lesson aims at
discussing the details about the Fundamental Rights and Fundamental Duties.

OBJECTIVES
After completing this lesson, you will be able to:
 explain the meaning of rights and duties and critically evaluate their need and
importance in our day to day life;
 assess the importance of Fundamental Rights given in the Constitution of India
and analyse their exceptions and restrictions;
 appreciate the implications of recently added Right to Education;
 compare between Fundamental Rights and Human Rights;
 understand the process of seeking justice through constitutional means in case
of violation of Fundamental Rights; and
 appreciate the importance of Fundamental Duties and the need to perform them
as a good and law-abiding citizen of India.

SOCIAL SCIENCE 25
 MODULE - 3 Fundamental Rights and Fundamental Duties
Democracy at Work

16.1 MEANING AND IMPORTANCE OF RIGHTS AND

DUTIES
We often talk about rights, but do you know what does the term ‘rights’ mean? Rights
are rules of interaction between people. They place constraints and obligations upon
Notes the actions of the state and individuals or groups. For example, if one has a right
to life, this means that others do not have the liberty to kill him or her. Rights are
defined as claims of an individual that are essential for the development of his or her
own self and that are recognized by society or State. These are legal, social, or ethical
principles of freedom or entitlement and are the fundamental normative rules about
what is allowed to people or owed to people, according to some legal system, social
convention, or ethical theory. Rights are often considered fundamental to civilization,
being regarded as established pillars of society and culture.

But the rights have real meaning only if individuals perform duties. A duty is something
that someone is expected or required to do. Parents, for example, have a duty to
take care of their child. You have duties towards your parents. A teacher has a duty
to educate students. In fact, rights and duties are two wheels on which the chariot
of life moves forward smoothly. Life can become smoother if rights and duties go
hand in hand and become complementary to each other. Rights are what we want
others to do for us whereas the duties are those acts which we should perform for
others. Thus, a right comes with an obligation to show respect for the rights of others.
The obligations that accompany rights are in the form of duties. If we have the right
to enjoy public facilities like transport or health services, it becomes our duty to allow
others to avail the same. If we have the right to freedom, it becomes our duty not
to misuse this and harm others.

ACTIVITY 16.1
Write down in the boxes given below your rights and your duties towards family,
friends and the neighbourhood.

MY DUTIES

Towards My Family Towards My Friends Towards My Neighbourhood

1. 1. 1.
2. 2. 2.

26 SOCIAL SCIENCE
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Democracy at Work
MY RIGHTS

In My Family Related to My Friends Related to My Neighbourhood

1. 1. 1. Notes
2. 2. 2.

What do you think are the differences between your duties and rights? Do you think
they are interrelated? How?

16.2 FUNDAMENTAL RIGHTS

As we have seen, rights are claims that are essential for the existence and development
of individuals. In that sense there will a long list of rights. Whereas all these are
recognized by the society, some of the most important rights are recognized by the
State and enshrined in the Constitution. Such rights are called fundamental rights.
These rights are fundamental because of two reasons. First, these are mentioned in
the Constitution which guarantees them and the second, these are justiciable, i.e.
enforceable through courts. Being justiciable means that in case of their violation, the
individual can approach courts for their protection. If a government enacts a law that
restricts any of these rights, it will be declared invalid by courts. Such rights are
provided in Part III of the Indian Constitution. The Constitution guarantees six
fundamental rights to Indian citizens as follows: (i) right to equality, (ii) right to
freedom, (iii) right against exploitation, (iv) right to freedom of religion, (v) cultural
and educational rights, and (vi) right to constitutional remedies. While these
fundamental rights are universal, the Constitution provides for some exceptions and
restrictions.

Originally, there were seven Fundamental Rights in the Constitution. Besides the
above mentioned six rights, there was the Right to Property also. Since this Right
created a lot of problems in the way of attaining the goal of socialism and
equitable distribution of wealth, it was removed from the list of Fundamental
Rights in 1978 by 44th constitutional amendment. However, its deletion does
not mean that we do not have the right to acquire, hold and dispose of property.
Citizens are still free to enjoy this right. But now it is just a legal right and not
a Fundamental Right.

16.2.1 Right to Equality

Right to equality is very important in a society like ours. The purpose of this right
is to establish the rule of law where all the citizens should be treated equal before

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Democracy at Work
the law. It has five provisions (Articles 14-18) to provide for equality before law
or for the protection of law to all the persons in India and also to prohibit
discrimination on the grounds of religion, race, caste, sex or place of birth.
(i) Equality before Law: The Constitution guarantees that all citizens will be equal
Notes before law. It means that everyone will be equally protected by the laws of the
country. No person is above law. It means that if two persons commit the same
crime, both of them will get the same punishment without any discrimination.
(ii) No Discrimination on the basis of Religion, Race, Caste, Sex or Place
of Birth: The State cannot discriminate against a citizen on the basis of religion,
race, caste, sex or place of birth. This is necessary to bring about social equality.
Every citizen of India has equal access to shops, restaurants, places of public
entertainment or in the use of wells, tanks or roads without any discrimination.
However, the State can make special provisions or concessions for women and
children.
(iii) Equality of Opportunity to all Citizens in matter of Public Employment:
The State cannot discriminate against anyone in the matter of public employment.
All citizens can apply and become employees of the State. Merits and
qualifications will be the basis of employment. However, there are some
exceptions to this right. There is a special provision for the reservation of posts
for citizens belonging to Scheduled Castes, Scheduled Tribes and Other
Backward Classes (OBCs)

Figure 16.1 Working in Office Without Gender Based Discrimination

(iv) Abolition of Untouchability: Practising untouchability in any form has been

made a punishable offence under the law. This provision is an effort to uplift
the social status of millions of Indians who had been looked down upon and

28 SOCIAL SCIENCE
Fundamental Rights and Fundamental Duties MODULE - 3
Democracy at Work
kept at a distance because of either their caste or the nature of their profession.
But, it is really very unfortunate that despite constitutional provisions, this social
evil continues even today. Can you find any difference when you see a nurse
cleaning a patient, a mother cleaning her child and a lady cleaning a toilet in
the illustration? Why do people consider the cleaning of a toilet in a derogatory
manner? Notes
(v) Abolition of Titles: All the British titles like Sir (Knighthood) or Rai Bahadur
which were given to the British loyalists during the British rule, have been
abolished because they created distinctions of artificial nature. However, the
President of India can confer civil and military awards to those who have
rendered meritorious service to the nation in different fields. The civil awards
such as Bharat Ratna, Padma Vibhushan, Padam Bhushan and Padma Shri and
the military awards like Veer Chakra, Paramveer Chakra, Ashok Chakra are
conferred. Do you know that these awards are not titles? Educational and
military awards can be prefixed with one’s name?

(Bharat Ratna, Padma Vibhushan, Pramvir Chakra, Veer Chakra, Ashok Chakra)

Figure 16.2 Medals Showing Civil and Military Awards

ACTIVITY 16.2
Gather the opinion of at least 5 of your classmates, friends or adults in your family
and neighbourhood on the following questions:
1. Do you think that reservation of posts for Scheduled Castes, Scheduled Tribes
and Other Backward Classes is proper?
2. Do you think that the people still avoid drinking water given by an individual of
Scheduled Caste?
3. Do you agree that there is equality before law for all the citizens in the real sense
of the term?
Put their responses in the table given below and draw conclusions. What opinion
do you have regarding these questions?

SOCIAL SCIENCE 29
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Democracy at Work
Questions Responses of Persons
Person 1 Person 2 Person 3 Person 4 Person 5
Question 1
Notes Question 2
Question 3

INTEXT QUESTIONS 16.1

1. What do you mean by rights and duties? How are they interrelated?
2. Which of the following statements do not conform to the Right to Equality and
why?
(i) Reservation for the Scheduled Castes and Scheduled Tribes provided only
in a case of discrimination.
(ii) A former Union Minister facing charges of corruption is exempted from
attending the Court.
(iii) Access to public places is open to all.
(iv) Eligibility for employment is based on religion.
(v) Rai Bahadur Sohan Singh is a candidate in Lok Sabha elections.
3. Which one of the following is not a form of untouchability?
(i) There are separate doors for entry in a sacred place, one for Dalits and
one for others.
(ii) A Gym refused to admit Dalit clients.
(iii) Dalits share the village hand pumps for water with others.
(iv) A Dalit bride was not allowed to wear a bridal dress on her marriage day.

16.2.2 Right to Freedom

You will agree that the freedom is the most cherished desire of every living being.
Human beings definitely want and need freedom. You also want to have freedom.
The Constitution of India provides Right to Freedom to all its citizens. This Right
is stipulated under Articles 19-22. The following are the four categories of Rights
to Freedom:
I. Six Freedoms: Article 19 of the Constitution provides for the following six
freedoms:
(a) Freedom of speech and expression
(b) Freedom to assemble peacefully and without arms

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(c) Freedom to form Associations and Unions
(d) Freedom to move freely throughout the territory of India
(e) Freedom to reside and settle in any part of India
(f) Freedom to practise any profession or to carry on any occupation, trade
or business Notes
The purpose of providing these freedoms is to build and maintain an environment
for proper functioning of democracy. However, the Constitution has authorized
the State to impose certain reasonable restrictions on each of them:
1. Restrictions may be put on the Right to Freedom of speech and expression
in the interests of the sovereignty, integrity and security of India, friendly
relations with foreign States, public order, decency or morality, or in
relation to contempt of court, defamation or incitement to an offence.
2. Right to assemble peacefully and without arms may be restricted in the
interests of the sovereignty and integrity of India or public order.
3. Right to form associations or unions may have restrictions in the interests
of the sovereignty and integrity of India, public order or morality.
4. Right to move freely throughout the territory of India and to reside and
settle in any part of India may also be restricted in the interest of the general
public or for the protection of the interests of any Scheduled Tribe.
5. Right to practise any profession or to carry on any occupation, trade or
business may have restrictions in the interests of the general public. The
State is also permitted to lay down the professional or technical qualifications
necessary for practising any profession or carrying on any occupation,
trade or business.
II. Protection in respect of conviction for offences: Article 20 of the Constitution
provides for the protection in respect of conviction for offences. No one can
be convicted for an act that was not an offence at the time of its commission,
and no one can be given punishment greater than what was provided in the law
prevalent at the time of its commission. Also, no one can be prosecuted and
punished for the same offence more than once and can be forced to give witness
against his or her own self.
III. Protection of life and personal liberty: As provided in Article 21, no one can
be deprived of his or her life or personal liberty except according to the procedure
established by law.
IV. Protection against arrest and detention in certain cases: It is provided in
Article 22 that whenever a person is arrested, he or she should be informed,
as soon as it is possible, of the grounds for arrest and should be allowed to consult
and to be defended by a legal practitioner of his or her choice. Moreover, the

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arrested person must be produced before the nearest magistrate within 24 hours
of such an arrest excepting a person who has been arrested under preventive
detention law. The case of the person arrested under preventive detention law
has also to be referred to an Advisory Board within a period of three months
of his or her arrest.
Notes

1. What will happen if the State misuses its power in the name of reasonable
restrictions? Who will decide the reasonableness? According to the
Constitution, only the courts can decide this issue and not the government.
2. Only some of the Fundamental Rights are enjoyed by the foreigners and
not all. For example, the Right to Equality before Law and Right to
Freedom of Religion are enjoyed by the foreigners also, but most other
Fundamental Right are exclusively for the Indian citizens only.

INTEXT QUESTIONS 16.2

1. What are the freedoms provided in the Indian Constitution?
2. Which freedom has been violated in the following cases?
(i) The state policy did not allow the leader of a particular political party to
cross its border and enter the state without any reason.
(ii) Workers were not allowed to unite and highlight their demands.
(iii) People forced to leave their own state and go elsewhere.
(iv) The son of a shoemaker was not allowed to open a sweet shop in the
village.
(v) A political party was not accorded permission to hold a public meeting.
3. What are the provisions in the Constitution for the protection of citizens in respect
of conviction for offenders, the protection of life and personal liberty and the
protection against arrest and detention?

ACTIVITY 16.3
Below are stated Freedoms granted to citizens by the Constitution and the reasonable
restriction that the State can impose. Match the Freedom with appropriate
Reasonable Restriction. Do you think these restrictions are appropriate? Give reasons
for your view.

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Freedoms Reasonable Restrictions

1. Freedom of speech and (a) Restriction on the movement of a
expression person/group to prevent spread of
violence.
Notes
2. Freedom to form Associations (b) Not allowed to run trades like
and Unions gambling, prostitution, selling of
narcotic drugs.
3. Freedom to assemble peacefully (c) Not allowed to reside too close to
and without arms. aerodrome
4. Freedom to move freely d) Restriction on the use of language
throughout the territory of India that may instigate people for communal
violence
5. Free to reside and settle in e) Not allowed to form an association
any part of India to help terrorist activities
6. Freedom to practise any f) Should be peaceful and participants
profession or to carry on any should not carry any weapon.
occupation, trade or business

16.2.3 Right against Exploitation

Have you ever thought how many ways exploitations take place in our society? You
might have seen a small child working in a tea shop or a poor and illiterate person
being forced to work in the household of a rich person. Traditionally, the Indian
society has been hierarchical that has encouraged exploitation in many forms. Which
is why, the Constitution makes provisions against exploitation. The citizens have been
guaranteed the right against exploitation through Articles 23 and 24 of the
Constitution. These two provisions are:
1. Prohibition of traffic in human beings and forced labour: Traffic in human
beings and begar and other similar forms of forced labour are prohibited and
any breach of this provision shall be an offence punishable in accordance with
law.

1. Traffic in human beings means selling and buying of human beings as

material goods. Trafficking, especially of young women, girls and even boys
is continuing as an illegal trade.
2. Earlier especially in the feudal Indian society, people belonging to the poor
and downtrodden sections were made to do work free of charge for
landlords and other powerful people. This practice was Begar or forced
labour.

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3. Prohibition of employment of children in factories, etc.: As the Constitution
provides, no child below the age of fourteen years shall be employed to work
in any factory or mine or engaged in any other hazardous employment. This right
aims at eliminating one of the most serious problems, child labour, that India has
been facing since ages. Children are assets of the society. It is their basic right
Notes to enjoy a happy childhood and get education. But as shown in the illustration
and as you also may have observed, in spite of this constitutional provision, the
problem of child labour is still continuing at many places. This malice can be
eliminated by creating public opinion against it.

Figure 16.3 Children working in hazardous situation

ACTIVITY 16.4
Gonu and Sonu aged 9 and 11 respectively belonged to a remote village in the State
of Jharkhand. Their father sold them to a bangle manufacturer of Firozabad in Uttar
Pradesh for Rs. 2,000 each. They were made to work in a factory where many more
children were already working under extremely unhealthy and hazardous conditions.
They were not given enough food to eat and they hardly got time to sleep. In case
they got hurt or burnt or fell ill, they were beaten up, tortured and forced to work
for more than 18-20 hours. Some children who managed to escape from there, went
to other cities and took to begging, stealing or some other menial jobs. They always
dreamt of meeting their parents, but they could never do so.
Read the above news story and answer the following questions :
1. Which Fundamental Rights are violated in this story.
2. What action should be taken against the parents who sell their children or make
them work in such conditions?

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3. What measures may be taken to save such children from exploitation?
Put yourself in the shoes of Sonu and Gonu being made to work for long hours in
a bangle factory. What can you do to seek help and change your circumstances?

16.2.4 Right to Freedom of Religion Notes

As you know, one of the objectives declared in the Preamble is “to secure to all
its citizens liberty of belief, faith and worship”. Since India is a multi-religion country,
where Hindus, Muslims, Sikhs, Christians and many other communities live together,
the Constitution declares India as a ‘secular state’. It means that Indian State has
no religion of its own. But it allows full freedom to all the citizens to have faith in
any religion and to worship, the way they like. But this should not interfere with the
religious beliefs and ways of worship of other fellow beings. This freedom is available
to the foreigners as well. In respect of the Right to freedom the Constitution makes
the following four provisions under Articles 25-28:

1. Freedom of conscience and free profession, practice and propagation of

religion: All persons are equally entitled to freedom of conscience and the right
to profess, practise and propagate religion freely. However, it does not mean
that one can force another person to convert his/her religion by force or
allurement. Also, certain inhuman, illegal and superstitious practices have been
banned. Religious practices like sacrificing animals or human beings, for offering
to gods and goddesses or to some supernatural forces are not-permissible.
Similarly, the law does not permit a widow to get cremated live with her dead
husband (voluntarily or forcibly) in the name of Sati Pratha. Forcing the
widowed woman not to marry for a second time or to shave her head or to make
her wear white clothes are some other social evils being practised in the name
of religion. Besides the above stated restrictions, the State also has the power
to regulate any economic, financial, political or other secular activities related to
religion. The State can also impose restrictions on this right on the grounds of
public order, morality and health.
2. Freedom to manage religious affairs: Subject to public order, morality and
health, every religious group or any section thereof shall have the right (a) to
establish and maintain institutions for religious and charitable purposes; (b) to
manage its own affairs in matters of religion; (c) to own and acquire movable
and immovable property; and (d) to administer such property in accordance with
law.
3. Freedom as to the payment of taxes for promotion of any particular
religion: No person shall be compelled to pay any tax, the proceeds of which
are specifically used in payment of expenses the incurred on the promotion or
maintenance of any particular religion or religious sect.

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4. 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. However, it
will not apply to an educational institution which is administered by the State but
has been established under any trust which requires that religious instruction shall
Notes be imparted in such an institution. But no person attending such an institution shall
be compelled to take part in any religious instruction that may be imparted there
or attend any religious worship that may be conducted there. In case of a minor,
the consent of his/her guardian is essential for attending such activities.

INTEXT QUESTIONS 16.3

1. What is the main objective of making ‘right against exploitation,’ a fundamental
right?
2. Write one term for the following statements:
(a) A practice where a person is compelled to serve without any payment
........................
(b) Selling and buying of a human beings
........................
3. Mention any four real life-situations of exploitation being openly practiced in your
neighbourhood.

16.2.5 Cultural and Educational Rights

India is the largest democracy in the world having diversity of culture, scripts,
languages and religions. As we know the democracy is a rule of the majority. But
the minorities are also equally important for its successful working. Therefore,
protection of language, culture and religion of the minorities becomes essential so
that the minorities may not feel neglected or undermined under the impact of the
majority rule. Since people take pride in their own culture and language, a special
right known as Cultural and Educational Right has been included in the Chapter on
Fundamental Rights. In Articles 29-30 two major provisions have been made:
1. Protection of interests of minorities: Any minority group having a distinct
language, script or culture of its own shall have the right to conserve the same.
No citizen shall be denied admission into any educational institution maintained
by the State or receiving aid out of State funds on grounds only of religion, race,
caste, language or any of them.
2. Right of minorities to establish and administer educational institutions:
All Minorities, whether based on religion or language, have the right to establish
and administer educational institutions of their choice. In making any law providing
for the compulsory acquisition of any property of an educational institution
established and administered by a minority, the State shall ensure that the amount

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fixed by or determined under such law for the acquisition of such property would
not restrict or abrogate the right guaranteed under that clause. 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.
Notes

Minority does not mean minority at the national level. There can be minorities
at the state level also. For example, the Sikhs are a majority community in
Punjab, but they are a minority community in Delhi, Rajasthan, Haryana and
many other States. Similarly Telugu, Kannad and Bangala speaking people are
in minority in most of the States in India except in their own, i.e. Andhra Pradesh,
Karnataka, West Bengal.

16.2.6 Right to Constitutional Remedies

Since Fundamental Rights are justiciable, they are just like guarantees. They are
enforceable, as every individual has the right to seek the help from courts, if they
are violated. But in reality it is not so. Encroachment or violation of Fundamental
Right in our day to day life is a matter of great concern. Which is why, our Constitution
does not permit the legislature and the executive to curb these rights. It provides legal
remedies for the protection of our Fundamental Rights. This is called the Right to
Constitutional Remedies stipulated in Article 32. When any of our rights are violated,
we can seek justice through courts. We can directly approach the Supreme Court
that can issue directions, orders or writs for the enforcement of Fundamental Rights.

16.2.7 Right to Education (RTE)

The Right to Education is added by introducing a new Article 21A in the Chapter
on Fundamental Rights in 2002 by the 86th Constitutional Amendment. It was a long
standing demand so that all children in the age group of 6-14 years (and their parents)
can claim compulsory and free education as a Fundamental Right. It is a major step
forward in making the country free of illiteracy. But this addition remained
meaningless, as it could not be enforced until 2009 when the Parliament passed the
Right to Education Act, 2009. It is this Act which aims at ensuring that every child
who is between 6-14 years of age and is out of the school in India, goes to school
and receives quality education, that is his/her right.

INTEXT QUESTIONS 16.4

1. What are the major cultural and educational rights guaranteed by the Constitution?

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2. Tamil, Kannad and Telugu speaking people living in Delhi are amongst the many
minority communities. What can they do to conserve their distinct language and
culture?
3. Which one of the following situations is not covered under the Cultural and
Educational Rights:
Notes
(a) To conserve one’s distinct language.
(b) No discrimination in granting funds to the minorities.
(c) Right to establish institutions of their own choice.
(d) The Minority school must admit children belonging to the majority
community.
4. “The right to constitutional remedies is the most important fundamental right.”Do
you agree with this statement? Give justification to your answer.

16.3 FUNDAMENTAL RIGHTS AS HUMAN RIGHTS

You have already read that Fundamental Rights are indeed very essential for the well
being of every citizen. We also know that people have always struggled against
injustice, exploitation and inequality for the creation of better surroundings, better
living conditions and preservation of the human dignity. Efforts to avail such rights
to all human beings have been made at the international level also by recognising
various rights which are popularly known as Human Rights. The General Assembly
of the United Nations adopted Human Rights in 1948 and enshrined them in Universal
Declaration of Human Rights about which you will study later. Some of the Human
Rights are: Equality before Law, Freedom from Discrimination, Right to Life, Liberty
and Personal Security, Right to Free Movement, Right to Education, Right to
Marriage and Family, Freedom of Thought, Conscience and Religion, Right to
Peaceful Assembly and Association and Right to Participate in the Cultural Life of
the Community. If you carefully examine the above mentioned rights, you will realise
how important the Human Rights are.
That is why, many of the Human Rights have found place in the Chapter on
Fundamental Rights in the Indian Constitution. The Human Rights which could not
find place under the Fundamental Rights have been included in the Chapter on
Directive Principles of State Policy. Moreover, keeping in view the importance of
Human Rights, the National Human Rights Commission was founded in 1993 by the
Government of India to guarantee that the Indian citizens also enjoy those rights.

Human rights are universal, fundamental and absolute : universal because they
belong to all humans everywhere; fundamental because they are inalienable;
absolute because they are basic to a real living.

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1. Fundamental Duties
After going through the Fundamental Rights, you must have observed and realized
that in return for every right, the society expects the citizens to do certain things which
are collectively known as duties. Some such important duties have been incorporated
in the Indian Constitution also. The original Constitution enforced on 26th January,
Notes
1950 did not mention anything about the duties of the citizen. It was expected that
the citizens of free India would perform their duties willingly. But things did not go
as expected. Therefore, ten Fundamental Duties were added in Part-IV of the
Constitution under Article 51-A in the year 1976 through the 42nd Constitutional
Amendment. However, whereas Fundamental Rights are justiciable, the Fundamental
Duties are non-justiciable. It means that the violation of fundamental duties, i.e. the
non-performance of these duties by citizens is not punishable. The following ten duties
have been listed in the Constitution of India:
1. to abide by the Constitution and respect its ideals and institutions, the National
Flag, National Anthem;
2. to cherish and follow the noble ideals which inspired our national struggle for
freedom;
3. to uphold and protect the sovereignty, unity and integrity of India;
4. to defend the country and render national service when called upon to do;
5. to promote harmony and the spirit of common brotherhood amongst all the
people of India and to renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environments including forests, lakes, rivers
and wildlife;
8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
9. to safeguard public property and not to use violence; and
10. to serve towards excellence in all spheres of individual and collective activity.
Besides, a new duty has been added after the passage of Right to Education Act,
2009. “A parent or guardian has to provide opportunities for the education of his
child/ward between the age of six and fourteen years.

16.3.1 Nature of Fundamental Duties

These duties are in the nature of a code of conduct. Since they are unjusticiable,
there is no legal sanction behind them. As you will find, a few of these duties are
vague. For example, a common citizen may not understand what is meant by
‘composite culture’, ‘rich heritage’ ‘humanism’, or ‘excellence in all spheres of
individual and collective activities’. They will realize the importance of these duties
only when these terms are simplified

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A demand has been made from time to time to revise the present list, simplify their
language and make them more realistic and meaningful and add some urgently
required more realistic duties. As far as possible, they should be made justiciable.

Notes
1. Proper upbringing of the children and maintenance of the parents in their old
age were included in the list of Fundamental Duties in the Soviet Constitution
of 1977.
2. To educate the children, not to interfere with public welfare, to pay the taxes
and the right to work have been included in the Constitution of Japan.

INTEXT QUESTIONS 16.5

1. Which international document on Human Rights was prepared and passed by
the United Nations General Assembly?
2. List any four Fundamental Rights which are Human Rights also.
3. Carefully study the following illustrations and identify and list one Fundamental
Duty for each illustration which can be associated with or are related to it.

Illustrations to be included:(a) Leafless trees, fallen trees, dead animals etc.

(b)Some ruined monuments (c) Marchers in a procession with placards like
Inqulab zinadabad, Bharat Mata Ki Jai, Hindustan Amar Rahey (d) Soldier
guarding the border or patrolling on the border (e) a few places of worship
representing different religions

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4. If you are to take a pledge to abide by four Fundamental Duties on the
Independence Day, which four duties, according to you are the most important
ones and why?

Notes
WHAT HAVE YOU LEARNT?
 Rights are claims of an individual and these are essential for the development
of himself or herself and that are recognized by the society or the State. A duty
is something that someone is required to do for any number of reasons, including
moral or legal obligations. Rights and duties are interdependent.
 Whereas all the rights are recognized by the society, some of the most important
rights are recognized by the State and enshrined in the Constitution. Such rights
are called Fundamental Rights.
 The Constitution guarantees six Fundamental Rights to Indian citizens as follows:
(i) Right to equality, (ii) Right to freedom, (iii) Right against exploitation, (iv) Right
to freedom of religion, (v) cultural and educational rights, and (vi) Right to
constitutional remedies. While these Fundamental Rights are universal, the
Constitution provides for some exceptions and restrictions.
 The General Assembly of the United Nations adopted several types of Human
Rights in 1948 and enshrined them in Universal Declaration of Human Rights.
A number of the Human Rights have been given place as Fundamental Rights
in the Indian Constitution so that their implementation may become a legal duty
of the government. The Human Rights which could not find place under the
Fundamental Rights, have been taken care of under Directive Principles of State
Policy.
 Ten Fundamental Duties have been added in Part-IV of the Constitution under
Art 51A in the year 1976 through the 42nd Constitutional Amendment. Unlike
Fundamental Rights which are justiceable, the Fundamental Duties are non-
justiceable which means that their violation i.e. non-performance of these duties
is non-punishable.

TERMINAL EXERCISES
1. Explain the significance of Fundamental Rights in our day to day life. Which
fundamental right do you consider the most important in your life and why?
2. Enumerate the six Fundamental Rights granted to us by the Constitution.
3. How far will the Right to Education eradicate illiteracy from India? Explain.
4. Describe the main provisions of the Right to freedom of religion.

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5. Highlight only three restrictions imposed on the Right to Freedom. In your
opinion, are these restrictions justified? Give arguments to support your answer.
6. Do you agree that Human Rights are reflected in the Fundamental Rights of the
Indian Constitution?
Notes 7. What are the fundamental duties enumerated in the Constitution? Which of these
do you consider as your most important duties and why?
8. Read the following statements; identify the correct ones and rewrite the incorrect
ones after necessary corrections:
(i) A person is not free to change his/her religion without permission from the
government.
(ii) Every government or government-aided school can impart religious
instructions.
(iii) Students of institutions managed by private bodies cannot be compelled
to take part in religious worships.
(iv) As a multi-religious state, India can confer any privilege or favor on any
religion.
(v) The government can impose taxes for the maintenance of important
religious places.
(vi) Places of worship can be constructed any where even if they obstruct the
national development projects.
9. Match the rights in column ‘A’ with their corresponding duties in column ‘B’.

A B
(a) The constitution gives us the (a) It is our duty not to deny the use
freedom of expression of them to others.
(b) If we have the right to practise (b) It is our duty to obey the rules
the religion of our own choice and maintain discipline.
(c) If we have a right to use a public (c) It is the duty of others not to kill
park, a well or a tank us or injure us.
(d) If we have the right to live. (d) It is our duty to allow others to
practise their religion.
(e) If we have the right to be taught. (e) It also reminds us and tells us not
to hurt the feelings of others.

Project
Survey your neighbourhood or nearby places and identify 3-5 children below the
age of 14 who are working in menial jobs as beggar or rag pickers. Try to know

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from them the factors which have forced them to reach such a stage. Based on your
observations and discussions with your elders or with some NGO, fill-in the following
table:

Sl. No. Name of the Factors that led him/her Ways in which
Child to difficult situation I can help him/her Notes

1.
2.
3.
4.
5.

ANSWERS TO INTEXT QUESTIONS

16.1
1. Rights are defined as claims of an individual that are essential for the development
of his or her own self and that are recognized by society or State. A duty is
something that someone is expected or required to do. Rights and duties are
interdependent. Life can become smoother if rights and duties go hand in hand
and become complementary to each other. Rights are what we want others to
do for us whereas the duties are those acts which we should perform for others.
Thus, a right comes with an obligation to show respect for the rights of others.
The obligations that accompany rights are in the form of duties.
2. (i) Because the provision for reservation is not a case of discrimination.
(ii) Because everyone is equal before law and discrimination cannot be made
on any basis including the status of a person.
(iv) Because religion cannot be made the sole basis of employment in any
situation.
(v) Because the Constitution of India has abolished all the Titles. Mr. Sohan
Singh can not use the title of Rai Bahadur.
3. (iii) Dalits share the village hand pumps for water with others.

16.2
1. (a) Freedom of speech and expression; (b) Freedom to assemble peacefully and
without arms; (c) Freedom to form Associations and Unions; (d) Freedom to

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move freely throughout the territory of India; (e) Freedom to reside and settle
in any part of India; (f) Freedom to practise any profession or to carry on
any occupation, trade or business
2. (i) Freedom to move freely throughout the territory of India
Notes (ii) Freedom to form Associations and Unions
(iii) Freedom to reside and settle in any part of India
(iv) Freedom to practise any profession or to carry on any occupation, trade
or business
(v) Freedom to assemble peacefully and without arms
3. Article 20, Article 21 and Article 22 respectively

16.3
1. Traditionally, the Indian society has been hierarchical that has encouraged
exploitation in many forms. Which is why, the Constitution makes provisions
against exploitation.
2. (a) begar
(b) human trafficking
3. Mention the life situations based on your own experiences, like a 10-year boy
working in a tea shop.

16.4
1. In Articles 29-30 two major provisions have been made: Protection of interests
of minorities; and Right of minorities to establish and administer educational
institutions
2. Any minority having a distinct language, script or culture of its own shall have
the right to conserve the same.
3. (d) Minority school must admit children belonging to majority community
4. Encroachment or violation of Fundamental Rights in our day to day life is a matter
of great concern. Which is why, our Constitution does not permit the legislature
and the executive to curb these rights. It provides legal remedies for the protection
of our Fundamental Rights. This is called the Right to Constitutional Remedies.

16.5
1. The General Assembly of the United Nations adopted Human Rights in 1948
and preserved them in Universal Declaration of Human Rights
2. Right to Equality, Right to Freedom, Right to Freedom of Religion and Cultural
and Educational Rights

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3. (a) to protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures;
(b) to value and preserve the rich heritage of our composite culture
(c) to abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem; Notes
(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;
4. (a) to abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem;
(b) to uphold and protect the sovereignty, unity and integrity of India;
(c) 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;
(d) to protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures;
These duties are focused on the central spirit of the Constitution and the goals
that Indian political system tries to achieve.

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The Constitution of
India-I

20

Notes
DIRECTIVE PRINCIPLES OF
STATE POLICY

Part IV of the Constitution of India (Article 36–51) contains the Directive

Principles of State Policy (DPSP). These principles aim at ensuring socio-
economic justice to the people and establishing India as a Welfare State. The
founding fathers of Indian Constitution were aware of the fact that Independent
Indian State was going to face many challenges. After colonial rule for almost
two hundred years, country and the society was left with widespread poverty,
hunger and with deep rooted socio-economic inequalities. The framers of the
Constitution felt that certain policy directions, guidelines or instructions for the
governance of the country were required to handle these problems. Legislature,
executive and administration of the Independent India were expected to
exercise their powers in accordance with the direction and guidelines given in
this part of the Constitution.

OBJECTIVES
After studying this lesson, you will be able to:
z understand the meaning and nature of Directive Principles of State Policy;
z explain the philosophical basis of the Directive Principles;
z classify the Directive Principles of State Policy;
z appreciate the role of Directive Principles towards making India a Welfare
State;
z appreciate the importance of Directive Principles of State Policy in Promoting
socio-economic equality;
z distinguish between Fundamental Rights and Directive Principles of State
Policy; and
z assess the role of government in implementing DPSP.

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20.1 DIRECTIVE PRINCIPLES OF STATE POLICY:
MEANING AND NATURE
Directive Principles are certain ideals, particularly aiming at socio-economic
justice, which according to the framers of the Constitution, Indian State should
strive for.

Dr. B. R. Ambedkar described Directive Principles as a “Novel Feature” of the Notes

Constitution. They are in the nature of general directions, instructions or
guidelines to the State. Directive Principles embody the aspirations of the
people, objectives and ideals which Union and the State governments must bear
in mind while making laws and formulating policies.

According to L.M. Singhvi; the Directive Principles are the life giving provisions
of the Constitution. They represent the philosophy of social justice incorporated
in the Constitution of India. Although Directive Principles are non-justiciable
or they are not legally binding by any Courts, they however, are fundamental
in the governance of the country. They lay down a code of conduct for the
legislatures, executives and administrators of India to discharge their
responsibilities in tune with these ideals.

20.2 PHILOSOPHICAL BASE OF THE DIRECTIVE

PRINCIPLES
Directive Principles in the Indian Constitution are taken from the Constitution
of Ireland. But the idea and philosophy of these principles can be traced back
to French declaration of human rights, American declaration of independence,
liberal as well as socialist philosophy of 19th century and our own, Gandhian
Concept of Sarvodaya.

Ivor Jennings has observed that philosophy underlying most of the Directive
Principles, is “Fabian Socialism”. Many of our Constitution makers were under
the great influence of Socialism and Gandhism. So, through these provisions
and principles they laid down the Socialistic Pattern of Society and Gandhian
Ideal State as the objective, which the Indian State should strive to achieve.
Article-37 of the Constitution, states about the application of the Directive
Principles, which says that the provisions contained in this part (Part-IV) shall
not be enforceable by any Court but principles there in laid down, are neverthless
fundamental in the governance of the country and it shall be the duty of the
State to apply these principles while making the laws.

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z Part-IV of the Constitution of Indian (Article 36-51) provides

The Directive Principles of State Policy.
z The Directive Principles contained in Indian Constitution are taken from
Irish Constitution, The Irish themselves had, however, taken the ideas
Notes
from the Constitution of Spain.
z Similar guidelines were provided in the form of instruments of instruction
in the Government of India Act, 1935.
z Directive Principles of State Policy aim at making India a Welfare State
and thus strike a balance between liberal individualist and socialist
ideology.

INTEXT QUESTIONS 20.1

Fill in the blanks
(i) Directive Principles make India a …………… State. (Socialist/Welfare)
(ii) Directive Principles are ………….. . (non justiciable/justiciable)
(iii) Thoughts and Ideas of …………. have been incorporated in the Constitution
in the form of Directive Principles of State Policy.
(C. Rajgopalachari/Mahatma Gandhi)
(iv) Socialistic pattern of society can be achieved by………… distribution of
wealth. (unequal/equitable)
(v) ………..System has been abolished completely in India.
(Caste/Capitalist/Zamidari)

20.3 CLASSIFICATION OF THE DIRECTIVE

PRINCIPLES OF STATE POLICY
The Directive Principles are classified on the basis of their ideological source
and objectives. For the sake of making their study convenient, we can broadly
place them in four categories, These are;
1. Economic and Social Principles;
2. Directives Based on Gandhian Principles;
3. Directive Principles relating io International Peace; and
4. Miscellaneous.

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1. The Economic and Social Principles India-I

A large number of Directive Principles are socialistic in nature and dedicated

to achieve social and economic welfare of the people with the objective to
establish India as a Welfare State. Some of these principles are as follows:
(i) 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,
shall inform all institutions of national life (Article 38). Notes
(ii) Articles 39 says that State shall in particular, direct its policies towards
securing:
(a) right to an adequate means of livelihood to all the citizens;
(b) the ownership and control of material resources shall be organised in
a manner to serve the common good;
(c) the operation of the economic system does not result in the concentration
of the wealth to the common detriment. In other words state shall
avoid concentration of wealth in few hands;
(d) equal pay for equal work for both men and women;
(e) the protection of the strength and health of the workers; and
(f) that the childhood and youth are not exploited;
(iii) Article-42 declares that, the State shall make provisions for securing just
and humane conditions of work and for maternity relief.
(iv) According to Article-43, the State shall endeavour to secure to all workers
a living wage and a decent standard of life, while article 43A says that the
State shall take steps to secure the participation of workers in the
management of industries.

2. Directives Based on Gandhian Principles

Mahatma Gandhi was the main guiding force during our freedom struggle. He
had tremendous influence over the common people as well as framers of the
Constitution. There are certain directives principles as aiming at implementing
Gandhian Principles. These are as follows;
(i) State shall take steps to organise village panchayats as units of Self-
Government (Article-40)
(ii) The State shall endeavour to promote cottage industries on an individual
or cooperative basis in rural areas, (Article-43)
(iii) Article-45 provides for free and compulsory education to all children till
the age of 14 years. This original provision was amended by 86th
Constitutional Amendment Act 2002, it now declares that, “the State shall
endeavour to provide early childhood care and education for all children
until they complete the age of 14 years.” (Article 21-A)
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India-I (iv) Article-46 lays down that the State shall promote educational and economic
interests of the weaker sections of the people particularly that of the Scheduled
Castes (SCs) and Scheduled Tribes (STs) and other weaker sections.
(v) Article-47 states that State shall take steps to improve public health and
prohibit consumption of intoxicating drinks and drugs that are injurious to
health.
(vi) Article-48 says that, State shall take steps to prohibit slaughter of cows,
Notes calves and other milch and draught cattle.

3. Directive Principles Relating to International Peace and Security

A year after the end of the Second World War, constitution making process began
in India. It was obvious that members of our Constituent Assembly were deeply
concerned about international peace and security. Through Directive Principles
of State Policy they tried to ensure that Government of free India should render
active cooperation for world peace and security. Article 51 declares that to
establish international peace and security the State shall endeavour to–
(i) promote international peace and security;
(ii) maintain just and honourable relations with the nations;
(iii)foster respect for international law and treaty obligations; and
(iv) encourage settlement of international disputes by arbitration.

4. Miscellaneous Directive Principles

The fourth category of Directive Principles Contains some general subjects
which are sometimes termed as liberal principles. These are as follows;
(i) Article-44: The State shall endeavour to secure for the citizen a uniform
civil code through the territory of India.
(ii) Article-48A: Directs the State to protect and improve the environment and
to safeguard the forests and wildlife of the country.
(iii) Article-49: State should protect every monument or place of artistic or
historic interest.
(iv) Article-50: The State shall take steps to separate judiciary from the
executive in the public services of the State.

z The 42nd Constitutional Amendment, 1976 introduced certain changes in

the part-IV of the Constitution by adding new directives like:
(i) Article-39A – State to provide free legal aid to poor.
(ii) Article-43A – Participation of workers in management of Industries.
(iii) Article-48A – Directs the State to protect and improve environment.

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z The 44th Constitutional Amendment, 1978 inserted Section-2 to Article
38 which declares that; “The State in particular shall strive to minimise
economic inequalities in income and eliminate inequalities in status,
facilities and opportunities not amongst individuals but also amongst
groups”
z The 44th Constitutional amendment, 1978, eliminated, Right to property
from the list of Fundamental Rights. It was considered as an hindrance Notes
in the path of implementing Directive Principles.

INTEXT QUESTIONS 20.2

For each multiple choice question given below, choose the correct answer/
alternative
1. Directive Principles of State Policy in India have been taken from the
Constitution of–
(i) Britain
(ii) Germany
(iii) France
(iv) Ireland.
2. Who amongst the following was great advocate of ‘Panchayati Raj System’?
(i) Pt. Jawahar Lal Nehru
(ii) Mahatma Gandhi
(iii) Sardar Patel
(iv) Dr. B.R. Ambedkar
3. Directive Principles of State Policy strive to make India a
(i) Welfare State
(ii) Capitalist State
(iii) Communist State
(iv) Authoritarian State
4. In which of the following there is a provision for “equal pay for equal work”
for both men and women ?
(i) Fundamental Rights
(ii) Preamble of the Constitution
(iii) Directive Principles of State Policy
(iv) Fundamental Duties
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India-I 5. Which Article of the Constitution directs the State to establish Panchayati
Raj Institutions in rural areas ?
(i) Article 40
(ii) Article 45
(iii) Article 37
(iv) Article 36.
Notes
20.4 DISTINCTION BETWEEN FUNDAMENTAL RIGHTS
AND DIRECTIVE PRINCIPLES OF STATE POLICY
Both Fundamental Rights and Directive Principles are essential features of the
Indian Constitution. But there had been persistent conflict for a considerable
period, between the two. Implementing Directive Principles of State Policy
required imposing various restrictions on the Fundamental Rights. They have
different and sometimes conflicting objectives and it was the main cause of
conflict. Directive Principles of State Policy differ from Fundamental Rights in
following respect;
(i) Fundamental Rights are justiciable but Directive Principles of State Policy
are non-justiciable. It means that a person can appeal to the court of law
if his/her Fundamental Rights are violated, but people cannot appeal to the
court if the Government does not implement the Directive Principles.
(ii) Fundamental Rights are negative or prohibitive in nature because they put
limitation on the State. On the contrary, Directive Principles are affirmative
directions. They declare the duty of the State to achieve certain social and
economic objectives.
(iii) Fundamental Rights establish liberal political democracy in India. However,
Directive Principles make India a Welfare State.
(iv) Fundamental Rights protect the interests of the individual while Directive
Principles of State Policy seek to promote socio-economic equality and
particularly provide safeguards to weaker and vulnerable sections of the
society.

20.5 RELATIONS BETWEEN DIRECTIVE PRINCIPLES

AND FUNDAMENTAL RIGHTS
In the first three decades of working of the Constitution, there has been a long
drawn debate that in case of conflict between the Fundamental Rights and
Directive Principles, which of the two classes of the constitutional provisions
should be accorded priority? Land Reforms, Nationalisation of Banks and many
other such moves of the government were challenged in the court on the ground
that they infringed upon the Fundamental Rights of the individual. The main bone

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of contention was Article-31 Right to Property, which was acting as major India-I
hindrance in the process of implementing Directive Principles of State Policy.
For some period, contradictory judgements of the Supreme Court and political
compulsions of the ruling class deeply complicated this issue. In ‘Golak Nath
case’, 1976, Supreme Court declared that, Fundamental Rights could not be
amended by the parliament even for implementation of Directive Principles. It
was contradictory to its own judgement in ‘Shankari Parsad case’. In
‘Keshvanand Bharti case’ in 1973, the Supreme Court overruled its Golak Nath Notes
(1967) verdict and declared that Parliament can amend any part of the
Constitution but it cannot alter its “Basic Structure”. In 1978, by 44th,
Constitutional Amendment, Right to Property (Article 31) was eliminated from
the list of Fundamental Rights. Parliament, by this move removed the main
hinderance from the path of implementing Directive Principles. Again in Minrva
Mill case, 1980, Supreme Court reiterated that Parliament can amend any part
of the Constitution but it cannot change the “Basic Structure” of the Constitution.
Although the Directive Principles and the Fundamental Rights appear in the
Constitution as distinct entities, there may, nevertheless, be a conflict between
them, particularly when laws are enacted to implement Directive Principles and
such acts of the State impinge upon the Fundamental Rights of the individual.
But inspite of these differences there is a close relationship between the
Fundamental Rights and Directive Principles of State Policy, They are
complementary and supplementary to each other, both are required to realise
the goals and ideals declared in the Preamble of the Constitution. Fundamental
Rights form political democracy in India but to sustain this political democracy,
implementation of Directive Principles is essential, as it will eventually lead to
emergence of social and economic democracy or a Welfare State. Fundamental
Rights have legal force behind them, however Directive Principles have sanction
of the public opinion. They are fundamental in the governance of the country,
no democratic government, therefore, can afford to ignore them.

INTEXT QUESTIONS 20.3

Write True or False against each of these statements:
(i) Fundamental Rights are justiciable. (True/False)
(ii) People can appeal to the court if Directive Principles are not being
implemented. (True/False)
(iii) Directive Principles aim at socio-economic justice. (True/False)
(iv) Right to Property is a Fundamental Right. (True/False)
(v) Parliament cannot alter the “Basic Structure” of the Constitution through
constitutional amendment. (True/False)

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20.6 IMPLEMENTATION OF THE DIRECTIVE
PRINCIPLES OF STATE POLICY
Directive Principles are sometimes criticised for being non justiciable, vague and
moral precepts, whose execution is totally left to the discretion of the government.
But for more than sixty years of the working of the Constitution shows that
successive governments in India have taken various steps to implement Directive
Notes Principles. Some of the measures in this effect are as follows–

(i) In order to give effect to the principle of Article-39, various legislations

were enacted by the government with the objective to organise the
ownership and control of material resources to serve the common good.
Some of these are:
(a) Land Reforms – Land is most essential material resource in an agrarian
country like India. Through land reforms zamidari system was
abolished, ceiling on land holdings imposed and surplus land distributed
among landless labourers.
(b) Minimum Wages Act, Income Tax and other Taxation measures to tax
high income group and provide exemption and relief to the weaker
sections.
(ii) Through 73rd Constitutional Amendment Act, 1992, government fulfilled
constitutional obligation stated in Article-40. Three tier ‘Panchayati Raj
System’ was introduced at the Village, Bloc and District level in almost all
parts of the country.

Figure 20.1: Village Panchayat Meeting

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(iii) To promote cottage industries (Article-43), government has established India-I
several Boards such as Village Industries Board, All India Handicraft Board,
Silk Board, Coir Board, etc., which provide essential help to cottage
industuries in finance and marketing.
(iv) Government has implemented provisions related to free and compulsory
education (Article-45). Introduction of 86th Constitutional Amendment and
subsequently passed the Rights to Education Act 2009, Elementary Notes
Education has been accepted as Fundamental Right of each child between
the 6 to 14 years of age.

Figure 20.2: A picture of School going Children.

(v) Government has launched various development programmes, like Community

Development Programme (1952), Integrated Rural Development Programme
(1978-79) and in recent years Mahatma Gandhi Rural Employment
Guarantee Act (MNREGA-2006) to raise the standard of living particularly
in rural areas, as stated in the Article-47 of the Constitution.
(vi) Government has introduced various programmes to provide health and
nutritional support to the women and children. i.e. maternity relief and mid-
day meal to school children.
(viii) Central Government sponsored schemes like ‘Pradhan Mantri Gram Swasthya
Yojana’ (PMGSY), ‘National Rural Health Mission’ (NRHM) and many
other health and welfare related programmes are being implemented to fulfill
the social sector responsibility of the Indian State. Directive Principles are
no doubt the main guiding force behind all these welfare measures.
After studying the working of the Constitution and development strategy adopted
by the government in India, we can definitely say that the Directive Principles
have always been accorded due importance and priority in the legislation and
policy making. Some of the Directives Principles have been implemented in word
and spirit and some others are being deliberated. However, there are still wide

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India-I gaps in the fields of health and education in India as compared to developed and
also many of the developing countries. India, as a Democratic Welfare State
cannot turn a blind eye to it. So rapid modernisation and expansion of basic health
and education demands immediate attention of the government. Constitution also
contemplates right to work, right to adequate means of livelihood and socio-
economic justice to all sections of society. So, the government is effectively doing
much more in this direction to realise the ideals set by the founding fathers of
Notes
our Constitution.

INTEXT QUESTIONS 20.4

Fill in the blanks

(i) 73rd Constitutional Amendment introduced ..................... Panchayati Raj

system in rural areas. (two tier/three tier)
(ii) Right to Education Act was passed by Parliament in year ..................... .
(2006/2009).
(iii) Right to Education Act is applicable from the age ..................... to
..................... years. (0–6/6–14)
(iv) 86th Constitutional Amendment was adopted in the year ..................... .
(2009/2002)

WHAT YOU HAVE LEARNT

Part IV of the Constitution of India (Article 36-51) contains Directive Principles
of State Policy. These principles are in the form of instructions and guidelines
to the government, aiming at socio-economic equality and establishing Welfare
State in India. The State in India is expected to be guided by Directive Principles
while making laws and framing policies to achieve greater collective good. These
principles are non-justiciable or in other words they are not enforceable by the
court of law but there is moral force and public opinions behind them.

On the basis of ideological source and objectives, Directive Principles can be

classified into four categories;

1. Economic and Social Principles

2. Directives Based on Gandhian Principles
3. Directive Principles relating to International Peace
4. Miscellaneous Principles

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The Directive Principles have been taken from Irish Constitution. These India-I
principles aim at establishment of socialistic pattern of society, which is one of
the objectives declared in the Preamble of the Constitution and eventual
emergence of India as a Welfare State.

Being a democratic Constitution Indian Constitution provides Fundamental

Rights to all the citizens of the country. There are some basic difference between
Fundamental Rights and Directive Principles of State Policy. Fundamental Rights Notes
put restrictions on the State authority, so they are negative and prohibitive on
the other hand Directive Principles are positive and affirmative in nature.
Directive Principles guide the State to act in a particular manner. Fundamental
Rights are justiciable but Directive Principles are non-justiciable. Fundamental
Rights represent liberal individualistic features of the Constitution while Directive
Principles show the socialistic characteristic of the Constitution. Inspite of these
differences, we can say that both fundamental Rights and Directive Principles
of State Policy are essential features of our Constitution. It is a well recognised
fact that for the sustainance of political democracy, estabilshed by fundamental
Rights, socio economic equality and Welfare State is essential.

TERMINAL QUESTIONS
1. Describe the Directive Principles of State Policy ? Are they justiciable?
2. Classifiy the Directive Principles of State Policy.
3. State any four Directive Principles aiming at socio-economic equality.
4. Describe Directive Principles based on Gandhian thought and principles.
5. Distinguish between Fundamental Rights and Directive Principles of State
Policy.
6. “Successive governments in India accorded high priority to Directive
Principles of State Policy” Do you agree with the statement ? Give suitable
argument to support your answer.
7. What steps have been taken by the Government so far to implement Directive
Principles of State Policy?
8. “In a poor country like India socio-economic justice should be given priority
over the individual freedom” Do you agree with the statement? Justify your
answer with suitable arguments.

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ANSWER TO INTEXT QUESTIONS

20.1
(i) Welfare
(ii) Non-justiciable
Notes
(iii) Mahatma Gandhi
(iv) Equitable
(v) Zamidari

20.2
1. (iv) Ireland
2. (ii) Mahatma Gandhi
3. (i) Welfare State
4. (iii) Directive Principles of State Policy
5. (i) Article 40

20.3
(i) True
(ii) False
(iii) True
(iv) False
(v) True.

20.4
(i) Three tier
(ii) 2009
(iii) 6 to 14
(iv) 2002

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Structure of Government

11
PARLIAMENT OF INDIA Notes

You have read in the preceding lesson that India has a parliamentary form of government
in which the Prime Minister and his Council of Ministers are collectively responsible to the
lower House of the Parliament i.e. Lok Sabha. In a parliamentary form of government the
Parliament is the most important organ. It is the people who elect their representatives to
be members of the Parliament and these representatives legislate and control the executive
on behalf of the people. The Prime Minister and his Council of Ministers remain at the
helm of affairs so long as they enjoy the confidence of Lok Sabha. The Parliament (Lok
Sabha) may dislodge them from power by expressing a no confidence against the Prime
Minister and his Council of Ministers. Thus the Parliament occupies a central position in
our parliamentary system.

A view of Indian Parliament

Objectives
After studying this lesson, you will be able to
l recall that the Parliament of India consists of the President and the two Houses;

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Structure of Government l describe the composition of the Rajya Sabha and the Lok Sabha;
l explain the functions of Indian Parliament;
l describe the procedure of lawmaking in the Indian Parliament, and
l compare the functions and powers of both the Houses and show that Lok Sabha is
more powerful.

Notes
11.1 Composition of the Parliament
The Parliament has two Houses–Rajya Sabha and Lok Sabha. Rajya Sabha is upper
House and represents the States of India while the Lok Sabha is lower House. It is also
called popular House because it represents the people of India. The President is an integral
part of the Parliament though he is not a member of the either House. As an integral part
of the Parliament, the President has been assigned certain powers and functions, which
you have read in the last lesson. In this lesson you will study about the two Houses in
details.

11.1.1. Rajya Sabha: Membership and Election

Rajya Sabha or the Upper House of the Parliament is a permanent body as it cannot be
dissolved. The membership of the Rajya Sabha cannot exceed 250. Out of these, the
President nominates 12 members on the basis of their excellence in literature, science, art
and social service and the rest are elected. At present its total membership is 245.
Rajya Sabha is the body representing States in Indian Union. The elected members of the
States’ Legislative Assemblies elect the members of the Rajya Sabha on the basis of
proportional representation through the single transferable vote system. But all the States
do not send equal number of members to the Rajya Sabha. Their representation is decided
on the basis of population of respective States. Thus the bigger State gets bigger
representation and the smaller ones have lesser representation. While the big State like
UP has been assigned 31 seats, the smaller states like Sikkim and Tripura send only one
member each. Delhi Assembly elects three members of Rajya Sabha and Pondichery
sends one member. Other Union Territories are not represented in the Rajya Sabha.

11.1.2 Qualifications
The qualifications for becoming a Rajya Sabha member are as follows:
1. He/she should be a citizen of India and at least 30 years of age.
2. He/she should make an oath or affirmation stating that he will bear true faith and
allegiance to the Constitution of India.
3. Thus according to the Representation of People Act 1951, he/she should be registered
as a voter in the State from which he is seeking election to the Rajya Sabha. But in
2003, two provisions have been made regarding the elections to Rajya Sabha- (i) Any
Indian citizen can contest the Rajya Sabha elections irrespective of the State in which
he resides; (ii) elections are to be conducted through open voting system.

11.1.3 Tenure
Every member of Rajya Sabha enjoys a safe tenure of six years. One-third of its members

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retire after every two years. They are entitled to contest again for the membership. But a Structure of Government
member elected against a mid-term vacancy serves the remaining period only. This system
of election ensures continuity in the working of Rajya Sabha.

11.1.4 Officials of Rajya Sabha

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He/she presides
over the meetings of Rajya Sabha. In his absence the Deputy Chairman, who is elected by
its members from amongst themselves, presides over the meeting of the House. The Notes
Deputy Chairman can be removed by a majority of all the then members of Rajya Sabha.
But the Chairman (Vice-President) can only be removed from his office by a resolution
passed by a majority of all the then members of Rajya Sabha and agreed to by the Lok
Sabha.
As the Vice-President is an ex-officio Chairman and not a member of Rajya Sabha, he/
she is normally not entitled to vote. He/she can vote only in case of a tie.
Tie means a situation in which there are equal vote cast in favour and against a bill
or resolution. In such a situation the presiding officer may exercise a casting vote in
favour/against to break the tie.

Intext Questions 11.1

1. What can be the maximum strength of Rajya Sabha?
2. How many members the President nominates in Rajya Sabha?
3. Who can vote to elect the members of Rajya Sabha?
4. What is the tenure of a member of Rajya Sabha?
5. What is the minimum age for becoming a member of Rajya Sabha?
6. Who is the ex-officio Chairman of Rajya Sabha?

11.1.5 Membership and Election of the Lok Sabha

Unlike Rajya Sabha, Lok Sabha is not a permanent body. It is elected directly by the
people on the basis of universal adult franchise. It is also called the popular House or
lower House. The maximum permissible membership of Lok Sabha is 550 out of which
530 are directly elected from the States while 20 members are elected from the Union
Territories. Besides, the President may nominate two members from the Anglo-Indian
community if he/she feels that the said community is not adequately represented in the
House.
Certain number of seats have been reserved for Scheduled Castes and Scheduled Tribes
in the Lok Sabha. Initially this provision was made for ten years from the commencement
of the Constitution, which has been extended time and again for further ten years by
various constitutional amendments. The 79th Amendment has extended it for sixty years
from the commencement of the Constitution. Reservation of seats for the Scheduled Castes
or Scheduled Tribes means the persons belonging to SC/ST will represent such reserved
seats. That implies that only persons belonging to SC/ST can contest from the reserved
constituencies. But we have joint electorate and all the voters of the reserved constituency

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Structure of Government vote irrespective of their caste/tribe. There is no separation of voters in terms of caste or
tribe.
The representation to the Lok Sabha is based on population. Therefore UP which is the
most heavily populated State in India sends as many as 80 members while smaller States
like Mizoram, Nagaland and Sikkim send just one representative each to the Lok Sabha.
Seven members represent Delhi.
For the purpose of elections to the Lok Sabha, the States are divided into single member
Notes constituencies on the basis of population.

11.1.6 Qualifications
All the citizens of 18 years of age and above are entitled to vote in the elections to Lok
Sabha subject to the laws made by the Parliament. Any Indian citizen can become a
member of Lok Sabha provided he/she fulfils the following qualifications:
1. He/she should be not less than 25 years of age.
2. He/she should declare through an oath or affirmation that he has true faith and
allegiance in the Constitution and that he will uphold the sovereignty and integrity of
India.
3. He/she must possess such other qualifications as may be laid down by the Parliament
by law. He must be registered as a voter in any constituency in India.
4. Person contesting from the reserved seat should belong to the Scheduled Caste or
Scheduled Tribe as the case may be.

11.1.7 Tenure
The normal term of Lok Sabha is five years. But the President, on the advice of Council of
Ministers, may dissolve it before the expiry of five years. In the case of national emergency,
its term can be extended for one year at a time. But it will not exceed six months after the
emergency is over. On several occasions Lok Sabha was dissolved prior to the end of its
term. For example the 12th Lok Sabha elected in 1998 was dissolved in 1999.

11.1.8 Officials of the Lok Sabha

The Speaker and the Deputy Speaker: The presiding officer of Lok Sabha is known
as Speaker. The members of the House elect him. He/she remains the Speaker even after
Lok Sabha is dissolved till the next House elects a new Speaker in his place. In she
absence, a Deputy Speaker who is also elected by the House presides over the meetings.
Both the Speaker as well as the Deputy Speaker can be removed from office by a resolution
of Lok Sabha passed by a majority of all the then members of the House.
Some of the powers and functions of the speaker are given below :
1. The basic function of the Speaker is to preside over the house and conduct the meetings
of the House in orderly manner. No member can speak in the House without she
permission. He/she may ask a member to finish his speech and in case the member
does not obey he/she may order that the speech should not be recorded.
2. All the Bills, reports, motions and resolutions are introduced with Speaker’s permission.
He/she puts the motion or bill to vote. He/she does not participate in the voting but

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when there is a tie i.e. equal number of votes on both sides, he/she can use his casting Structure of Government
vote. But he/she is expected to caste her vote in a manner so that her impartiality and
independence is retained.
3. His/her decisions in all parliamentary matters are final. She also rules on points of
order raised by the members and her decision is final.
4. He/she is the custodian of rights and privileges of the members.
5. He/she disqualifies a member of his/her membership in case of defection. He/she Notes
also accepts the resignation of members and decides about the genuineness of the
resignation.
6. In case of joint sitting of Lok Sabha and Rajya Sabha, the Speaker presides over the
meeting.

Intext Questions 11.2

1. What is the maximum permissible membership of Lok Sabha?
2. Which State sends the maximum number of members to Lok Sabha?
3. How many Anglo-Indian members may be nominated by the President in Lok Sabha?
4. For which section of the society seats are reserved in the Lok Sabha?
5. Who can vote in Lok Sabha elections?
6. Who can dissolve the Lok Sabha?
7. Who elects the Speaker of Lok Sabha?

11.2 Functions of Parliament

The functions and powers of the Indian Parliament can be divided into legislative, executive,
financial and other catagories.

11.2.1 Legislative Functions

Basically the Parliament is a law-making body. In an earlier lesson you have seen that
there is a division of power between the Centre (Union) and the States. There are three
lists – Union List, State List and the Concurrent List. Only Parliament can make laws on
the subjects mentioned in the Union List. You know that the Union List has 97 subjects.
Along with the State Legislatures, the Parliament is empowered to make laws on the
Concurrent List. In case, both the Centre as well as the States make a law on the subject
mentioned in the Concurrent List then the central law prevails upon the state law if there
is a clash between the two. Any subject not mentioned in any list i.e. residuary powers are
vested with the Parliament.
Thus the law making power of the Parliament is very wide. It covers the Union List and
Concurrent List and in certain circumstances even the State List also.

11.2.2 The Executive Functions

In a parliamentary system of government there is a close relationship between the legislature
and the executive. And the executive is responsible to the legislature for all its acts. The

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Structure of Government Prime Minister and his Council of Ministers are responsible to the Parliament individually
as well as collectively. The Parliament can dislodge a ministry by passing a vote of no-
confidence or by refusing to endorse a confidence motion. In India this has happened
several times. This happened in 1999 when the Atal Bihari Vajpayee Government lost the
confidence motion in the Lok Sabha by just one vote and resigned.
But the no-confidence motion or the confidence motions are the extreme ways of maintaining
the accountability of the Parliament over the executive. They are employed in exceptional
Notes cases. Parliament also maintains its control over executive in a routine manner through
several ways. Some of them are as follows:-
a. The members of Parliament can ask questions and supplementary questions regarding
any matters connected with the affairs of the Central Government. The first hour of
every working day of Parliament relates to the Question Hour in which the Ministers
have to answer the questions raised by the members.
b. If the members are not satisfied with the Government’s answer then they may demand
separate discussion on the subject.
c. The Parliament also exercises control over the executive through several motions.
For example calling attention notice or adjournment motion are such ways by which
some recent matters of urgent public importance are raised. The government always
takes these motions very seriously because the government’s policies are criticized
severely and their likely impact on the electorate whom the government would have
to face ultimately. If the motion is passed then it means that the government is censured.
Censure Motion: This motion implies severe indictment of the government; but
it does not require resignation of the Council of Members.
d. The Lok Sabha can express its lack of confidence in the executive by disapproving
budget or money bill or even an ordinary bill.

11.2.3 The Financial Functions

The Parliament performs important financial functions. It is the custodian of the public
money. It controls the entire purse of the Central Government. No money can be spent
without its approval. This approval may be taken before the actual spending or in rare
cases after the spending. The budget is approved by the Parliament every year.

11.2.4 The Electoral Functions

The elected member of Parliament one members of the Electoral College for Presidential
election. As such, they participate in the election of the President of India. They elect the
Vice-President. The Lok Sabha elects its Speaker and Deputy Speaker and the Rajya
Sabha elects its Deputy Chairman.

11.2.5 Power of Removal

Certain high funtionaries may be removed from office on the initiative of the Parliament.
The President of India may be removed through the process of impeachment (you have
read about it in Lesson No. 10). The judges of Supreme Court and of High Courts can be
removed by an order of the President, which may be issued only if a resolution of their
removal is passed by both Houses of Parliament by special majority (see Lessons 12 and
15).

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11.2.6 Functions Regarding the Amendment of the Constitution Structure of Government
Most of the parts of the Constitution can be amended by the Parliament by special majority.
But certain provisions only be amended by the Parliament with the approval of States.
However India being a federal State, the amending power of the Parliament is highly
limited. The Supreme Court has ruled that the Parliament cannot change the basic structure
of the Constitution. You have already read about the amending procedure in another lesson.

11.2.7 Miscellaneous Functions Notes

Besides the above-mentioned functions, the Parliaments also performs a variety of other
functions. Some of them are as follows: -
a. While it is the power of the President to declare Emergency, the Parliament approves
all such Proclamations of Emergency. Both the Lok Sabha and Rajya Sabha have to
approve the Proclamation.
b. Parliament may form a new State by separating the territory from any State or by
uniting two or more States. It may also change the boundaries and the name of any
State. In the recent years (2000), new states of Chhattisgarh, Jharkhand and
Uttarakhand were created.
c. Parliament may admit or establish new States in the Indian Union (Sikkim in 1975).
d. The Parliament can abolish or create Legislative Councils in the States. This is done
only on the request of concerned States Assemblies.
Thus the Indian Parliament, though limited by the federal nature of the political system,
has wide functions to perform. In performing its functions, it has to mirror the aspirations
and needs of the people of India. It also has to function as an agency for resolving socio-
economic or political conflicts in the country. It also helps in building consensus on specific
issues, which are crucial to the nation like foreign policy formulation.

Intext Questions 11.3

1. What is the name of the list on which only the Parliament can make laws?
2. Who makes laws on the subjects mentioned in the State List?
3. How many States can request the Parliament to make law on some subject mentioned
in the State list?
4. Who Can admit a new State in the Indian Union?

11.3 Law-making Procedure in the Parliament

As pointed out earlier basically the Parliament is a law making body. Any proposed law is
introduced in the Parliament as a bill. After being passed by the Parliament and getting the
President’s assent it becomes a law. Now you will study how the law is made by the
Parliament. There are two kinds of bills, which come up before the Parliament:-(i) ordinary
bill and (ii) money bill. Here we shall discuss the legislative procedure in each of these
kinds of bills.

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Structure of Government 11.3.1 Ordinary Bills

Every member of the Parliament has a right to introduce an ordinary bill and from this
point of view, we have two types of bills – government bills and private member’s bills. A
Minister moves a government bill and any bill not moved by a Minister is a Private Member’s
Bill, which means that the bill has been moved by a member of parliament but not a
minister in the Government. The Government bills consume most of the time of the
Parliament. The Bills pass through several stages. : -
Notes
(A) With the introduction of the bill, the First Reading of the bill starts. This stage is
simple. The Minister wanting to introduce a bill, informs the presiding officer. He/she
puts the question of introduction to the House. When approved, normally by voice-
vote, the Minister is called upon to introduce the bill.
(B) Second Reading: -This stage is the most vital stage. After general discussion the
House has four options: - (i) it may straightaway take the bill into detailed (clause-
by-clause) consideration or (ii) refer it to a select committee of the House or, (iii)
refers it to the Joint Committee of both the Houses or (iv) circulate it among the
people to elicit public opinion. If the bill is referred to a select committee of the
House or the joint select committee of both the Houses, the concerned committee
examines the bill very minutely. Each and every clause is examined. The committee
may also take the opinion of professionals and legal experts. After due deliberations,
the committee submits its report to the House.
(C) Third Reading:- After the completion of the second reading, the Minister may move
that the bill be passed. At this stage normally no discussion takes place. The members
may oppose or support the adoption of the bill, by a simple majority of members
present and voting.
2. Bill in the other House: -After the bill has been passed by one House, it goes to the
other House. Here also the same procedure of three readings is followed. The
following consequences may follow: -
(A) It may pass it; then the bill is sent to the President for his assent.
(B) It may pass the bill with amendments. The bill will be sent back to the first House. In
such a case, the first House will consider the amendments and if it accepts the
amendments then the bill will be sent to President for his assent. In case the first
House refuses to accept the amendments, then it means there is a deadlock.
(C) It may reject it. It means there is a deadlock. In order to remove the deadlock
between the two Houses, the President may call for a joint sitting of the two Houses.
Such joint sittings are very rare in India and till now only three times such meetings
have taken place. They were convened on the occasion of passage of Dowry
Prohibition Bill 1959, Banking Service Commission (Repeal) Bill, 1978, and Prevention
of Terrorism Bill, 2002.
(D) President’s assent to the Bill:- After being passed by both the Houses or the Joint
Sitting of both Houses, the bill is referred to the President for his assent. The President
also has some options in this regard: - (i) He may give his assent and with his assent,
the bill becomes a law. (ii) He may withhold his assent, but may suggest some changes.
In such a case the bill is sent back to the House from where it had originated. But if

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both the Houses pass the bill again with or without accepting the recommendations Structure of Government
of the President, the President has no option but to give his assent. (iii) In 1986, the
President Giani Zail Singh invented a new option. He neither gave his assent nor he
returned it to the Parliament for reconsideration of the Postal Bill. He sought some
clarifications, which were never provided. The bill thus, lapsed.

11.3.2 Money Bills

The money bills are such bills which deal with money matters like imposition of taxes, Notes
governmental expenditure and borrowings etc. In case there is a dispute as to weather a
bill is a money bill or not, the Speaker’s decision is final. The money bill has to undergo
three readings like an ordinary bill but few considerations are also added here. They are
(I) Money bill can be introduced only in Lok Sabha and not in Rajya Sabha and that too
with the prior approval of and on behalf of the President. (ii) After being passed by the
Lok Sabha, the bill goes to the Rajya Sabha. Rajya Sabha has 14 days at its disposal for
consideration and report. (iii) The Rajya Sabha cannot reject the money bill. It may either
accept it or make recommendations. (iv) In case Rajya Sabha chooses to make
recommendations, the bill will return to Lok Sabha. The Lok Sabha may accept these
recommendations or reject them. In any case the bill will not go back to Rajya Sabha.
Instead it will be sent directly to the President for his assent. (v) If the Rajya Sabha does
not return the bill within 14 days, it will be deemed to have been passed by both the Houses
of the Parliament and sent to the President for his assent.
The bill that deals with the money matters i.e. imposition, abolition, alteration of any
tax or the regulation of the borrowing of money or giving of any guarantee by the
Government of India or amendment of law with respect to any financial obligation
undertaken by the Government of India or related to Consolidated Fund or Contingency
Fund of India, is called a Money Bill.

11.3.3 The Budget

The Budget is an annual financial statement showing expected revenue and expenditure
of public money. It is not a bill. Every year the budget is presented by the Finance Minister
in the Lok Sabha. The budget – making is a big exercise. The Finance Ministry prepares
the budget but it involves the entire government. The budget in India is presented in two
parts- Railway Budget and the General Budget.
(i) Presentation of the Budget: - The railway budget is generally presented by the Railway
minister in the third week of February, while the general budget is presented normally
on the last working day of February. The general budget is presented along with the
speech of the Finance Minister. The budget remains a closely guarded secret till its
presentation. After the speech, the Finance Minister introduces the Finance Bill, which
contains the taxation proposals of the government. The House rises thereafter and
there is no discussion on the day of the presentation of the Budget.
A new system of departmental select committees has been introduced in India since
1993-94. The Lok Sabha sets up committees for all major Ministries and Departments of
Union Government. The select committees consider demand for grants in details and
submit their recommendations to the Lok Sabha. After general discussion on the budget,
the Houses are adjourned for about three weeks. During this period select committees of
Departments of Ministry scrutinise budget demands and may make recommendations.

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Structure of Government This saves time of the full House. The full Lok Sabha now does not discuss demands for
grants, one by one, in details.
Quorum means the minimum number of members required to be present to enable the
House to meet. This is one-tenth of the total membership of the House. This means the
meeting of the Lok Sabha or Rajya Sabha can take place only if one tenth of the total
membership of the House is present.

Notes
Intext Questions 11.4
1. What is a Government Bill?
2. What is a Private Member’s Bill?
3. When are the Private Member’s Bills discussed?
4. Which bill cannot be introduced in Rajya Sabha?
5. When is the joint sitting of the two Houses of Parliament held?
6. What constitutes quorum in either House of Parliament?

11.4 Rajya Sabha and Lok Sabha – A Comparative Study

You have seen earlier that the two Houses of Parliament differ in their composition. From
the federal point of view the Rajya Sabha represents the States in the Indian Union while
the Lok Sabha is the representative of the Indian people. This is also the reason why the
method of election differs. The members of Legislative Assemblies of the States elect the
members of Rajya Sabha while the people directly participate in the elections to the Lok
Sabha. Rajya Sabha is a permanent House while the Lok Sabha is constituted for a specified
term of five years. From the constitutional point of view, the relationship between the two
Houses can best be studied from three angles which are as follows: -
1. There are certain powers and functions in which Lok Sabha is superior to the Rajya
Sabha. Introduction and adoption of money bills and removal of a cabinet by passing
no confidence motion are two examples relevant here.
2. In certain areas Rajya Sabha has been vested with exclusive powers. It does not
share these powers with the Lok Sabha. For example, it can declare a subject in
state as a matter of national importance and facilitate a central legislation.
3. In several areas, both the Houses enjoy equal powers. The examples are adoption of
bills other than money bills, approval of proclamation of emergency, moving of
adjournment and other types of motions.
Members of both houses of Parliament get Rs. 2 Crore per annum from the Members of
Parliament Local Development Fund. This fund is not directly allotted to the MP but to the
respective district headquarters and the MP can use it for development projects in his
area.

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Structure of Government
Intext Questions 11.5
Fill in the blanks:
1. Budget can only be introduced in the________________
2. Only ____________can create a new All-India service
3. Each member of Parliament gets a sum of Rs. _______________ as Local
Notes
Davelopment Fund every year.

What You Have Learnt

You have learnt in this lesson that the Parliament is country’s central legislative body. It
has two Houses-Rajya Sabha and Lok Sabha and the President is an integral part of the
Parliament. Rajya Sabha is a permanent body, which can never be dissolved. Each member
of Rajya Sabha enjoys a term of six years and one-third of its member retire after every
two years.The Rajya Sabha represents the States in Indian Union. In contrast, the Lok
Sabha or the lower House has a fixed term of five years and the President before the
expiry of stipulated five years can also dissolve it. Members of the Lok Sabha are directly
elected by people on the basis of universal adult franchise. While the Vice-President
chairs the meetings of Rajya Sabha, the Lok Sabha is presided over by the Speaker. You
have read about the powers of the Speaker. You have read that the quorum of both the
Houses is one-tenth of the total membership. Without the quorum, no meeting of the
House/Houses can take place. You have also read in details about the various legislative,
executive, financial, electoral, judicial and miscellaneous functions of the Parliament, and
its law making procedure. Finally, you have been able to compare the two Houses and find
that Lok Sabha is more powerful than Rajya Sabha.

Terminal Exercises
1. Describe the composition of Rajya Sabha and method of election of its members?
2. Describe powers of the Speaker of Lok Sabha?
3. Discuss the functions of Parliament?
4. Describe the law-making procedure in India?
5. Analyse the relationship between the two Houses of the Parliament?
6. Write short notes on the following: -
a. Qualification for membership of Rajya Sabha
b. Second reading
c. The Budget

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Structure of Government
Answers to Intext Questions
11.1
1. 250
2. 12

Notes 3. Members of State Assemblies

4. 6 years -- 1/3 entire every 2 years
5. 30 years
6. The Vice-President

11.2
1. 550
2. Uttar Pradesh
3. Two
4. Scheduled Castes and Scheduled Tribes
5. All the Indian citizens of 18 years of age and above
6. President
7. Members of Lok Sabha

11.3
1. Union List
2. State Legislatures
3. Two or more State Legislatures
4. The Parliament

11.4
1. A bill moved by a Minister in the Government is a Government bill.
2. A bill moved by Member of Parliament but not a minister, is called Private member’s
bill.
3. Private Member’s bills are discussed only on Fridays.
4. Money bills cannot be introduced in Rajya Sabha.
5. Joint Sitting of the two Houses is held to remove the deadlock between the two
Houses over a non-money bill.
6. One-tenth of the strength of a House.

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11.5 Structure of Government
1. Lok Sabha
2. Rajya Sabha
3. Rs. 2 crore

Hints for Terminal Exercises

Notes
1. Refer to Section 11.1.1
2. Refer to Section 11.1.Q
3. Refer to Section 11.2
4. Refer to Section 11.3
5. Refer to Section 11.4
6. Refer to Section (A) 11.1.2
7. Refer to Section (B) 11.3.1
8. Refer to Section (C) 11.3.3

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