Ilovepdf Merged
Ilovepdf Merged
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.
Course outcome
1
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.
2
CONSTITUTION
Introduction:- The Indian constitution is unique in its content and spirit. The salient features of
the constitution are as follows:-
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:-
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
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.
2
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.
3
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
4
^^^^^^^^^^^^^^^^^^^^^^
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:-
5
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
6
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.
7
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.
8
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.
9
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
10
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.
11
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.
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;
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
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
Notes
OBJECTIVES
After studying this lesson you will be able to:
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.
The type of government assured to the people of India by the Constitution was
described in the Preamble as Sovereign, Socialist, Secular, Democratic Republic.
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
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.
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.
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.
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.
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
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.
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.
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.
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)
TERMINAL QUESTIONS
1. What is the importance of the Preamble to the Constitution?
2. What are the essential characteristics of a Federal 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
17.7
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
16
Notes
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
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
26 SOCIAL SCIENCE
Fundamental Rights and Fundamental Duties MODULE - 3
Democracy at Work
MY RIGHTS
What do you think are the differences between your duties and rights? Do you think
they are interrelated? How?
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.
SOCIAL SCIENCE 27
MODULE - 3 Fundamental Rights and Fundamental Duties
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)
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)
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
MODULE - 3 Fundamental Rights and Fundamental Duties
Democracy at Work
Questions Responses of Persons
Person 1 Person 2 Person 3 Person 4 Person 5
Question 1
Notes Question 2
Question 3
30 SOCIAL SCIENCE
Fundamental Rights and Fundamental Duties MODULE - 3
Democracy at Work
(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
SOCIAL SCIENCE 31
MODULE - 3 Fundamental Rights and Fundamental Duties
Democracy at Work
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.
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.
32 SOCIAL SCIENCE
Fundamental Rights and Fundamental Duties MODULE - 3
Democracy at Work
SOCIAL SCIENCE 33
MODULE - 3 Fundamental Rights and Fundamental Duties
Democracy at Work
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.
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?
34 SOCIAL SCIENCE
Fundamental Rights and Fundamental Duties MODULE - 3
Democracy at Work
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?
SOCIAL SCIENCE 35
MODULE - 3 Fundamental Rights and Fundamental Duties
Democracy at Work
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.
36 SOCIAL SCIENCE
Fundamental Rights and Fundamental Duties MODULE - 3
Democracy at Work
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.
SOCIAL SCIENCE 37
MODULE - 3 Fundamental Rights and Fundamental Duties
Democracy at Work
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.
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.
38 SOCIAL SCIENCE
Fundamental Rights and Fundamental Duties MODULE - 3
Democracy at Work
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.
SOCIAL SCIENCE 39
MODULE - 3 Fundamental Rights and Fundamental Duties
Democracy at Work
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.
40 SOCIAL SCIENCE
Fundamental Rights and Fundamental Duties MODULE - 3
Democracy at Work
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.
SOCIAL SCIENCE 41
MODULE - 3 Fundamental Rights and Fundamental Duties
Democracy at Work
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
42 SOCIAL SCIENCE
Fundamental Rights and Fundamental Duties MODULE - 3
Democracy at Work
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.
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
SOCIAL SCIENCE 43
MODULE - 3 Fundamental Rights and Fundamental Duties
Democracy at Work
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
44 SOCIAL SCIENCE
Fundamental Rights and Fundamental Duties MODULE - 3
Democracy at Work
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.
SOCIAL SCIENCE 45
MODULE - 5 Directive Principles of State Policy
The Constitution of
India-I
20
Notes
DIRECTIVE PRINCIPLES OF
STATE POLICY
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.
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.
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.
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.
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
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.
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;
115
MODULE - 3 Political Science
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.
11.1.2 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
116
Parliament of India MODULE - 3
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.
117
MODULE - 3 Political Science
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.
118
Parliament of India MODULE - 3
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.
119
MODULE - 3 Political Science
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.
120
Parliament of India MODULE - 3
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.
121
MODULE - 3 Political Science
122
Parliament of India MODULE - 3
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.
123
MODULE - 3 Political Science
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?
124
Parliament of India MODULE - 3
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.
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
125
MODULE - 3 Political Science
Structure of Government
Answers to Intext Questions
11.1
1. 250
2. 12
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.
126
Parliament of India MODULE - 3
11.5 Structure of Government
1. Lok Sabha
2. Rajya Sabha
3. Rs. 2 crore
127