Unit 4 of BTHM403: Basic Human Rights:
📘 Unit 4 – Detailed Notes and Explanation (6 Hours)
1. Human Rights in Indian Constitution and Law
The Indian Constitution is the supreme law of the land and provides a strong
framework for protecting human rights.
i) The Constitution of India: Preamble
The Preamble declares India to be a:
o Sovereign – independent and free from external control.
o Socialist – aims for social and economic equality.
o Secular – no state religion; all religions respected.
o Democratic Republic – government by the people through elected
representatives.
o Justice, Liberty, Equality, and Fraternity are the core values.
The Preamble reflects the commitment to human dignity and rights for all
citizens.
ii) Fundamental Rights
Enshrined in Part III (Articles 12–35) of the Constitution.
Guarantee civil liberties such as:
o Right to Equality (Art. 14–18)
o Right to Freedom (Art. 19–22)
o Right against Exploitation (Art. 23–24)
o Right to Freedom of Religion (Art. 25–28)
o Cultural and Educational Rights (Art. 29–30)
o Right to Constitutional Remedies (Art. 32)
These rights are justiciable, meaning individuals can approach courts for
enforcement.
iii) Directive Principles of State Policy
Found in Part IV (Articles 36–51) of the Constitution.
Non-justiciable guidelines to the government to establish:
o Social welfare
o Economic justice
o Promotion of education and public health
o Protection of environment and workers’ rights
Aim to create conditions for social and economic rights alongside
fundamental rights.
iv) Fundamental Duties
Added by the 42nd Amendment (1976) under Article 51A.
Outline the moral obligations of citizens to:
o Respect the Constitution, national symbols, and heritage
o Promote harmony and the spirit of common brotherhood
o Protect the environment
o Safeguard public property
o Uphold dignity and rights of others
Duties complement rights to build a responsible citizenry.
v) Some Other Provisions
Protection of minorities and Scheduled Castes/Scheduled Tribes under
various constitutional safeguards.
Legal aid and free education provisions for the underprivileged.
Special laws for prevention of atrocities against marginalized groups.
Provisions for emergency powers which can temporarily limit rights but
under judicial review.
Unit 4: Human Rights in Indian Constitution and Law – 4 Mark Answers
1. The Constitution of India: Preamble
The Preamble to the Indian Constitution declares India as a sovereign, socialist,
secular, democratic republic. It emphasizes justice (social, economic, political),
liberty (of thought, expression, belief), equality (of status and opportunity), and
fraternity (ensuring dignity and unity among citizens). The Preamble reflects the
core values that protect and promote human rights in the country.
2. Fundamental Rights
Fundamental Rights are basic human freedoms guaranteed to all citizens under Part
III of the Constitution. These rights include the right to equality, freedom of speech
and expression, protection from exploitation, freedom of religion, cultural and
educational rights, and the right to constitutional remedies. They are justiciable,
meaning citizens can approach courts if these rights are violated.
3. Directive Principles of State Policy
These are guidelines given to the government to create social and economic
conditions ensuring justice and welfare for all. Although not legally enforceable,
Directive Principles aim to secure adequate livelihood, promote education, health,
and protect the environment. They work alongside Fundamental Rights to promote
overall human development.
4. Fundamental Duties
Fundamental Duties are moral responsibilities of citizens added to the Constitution
to promote patriotism and uphold the Constitution’s ideals. Duties include
respecting the national flag and anthem, protecting the environment, promoting
harmony, safeguarding public property, and protecting the dignity of fellow
citizens. They complement rights by encouraging responsible citizenship.
5. Some Other Provisions
The Constitution includes special provisions to protect minorities, Scheduled
Castes, and Scheduled Tribes. It provides legal aid to ensure justice for the poor
and vulnerable. Laws also prevent atrocities against marginalized groups and
contain emergency powers that can temporarily restrict rights but are subject to
judicial review to prevent misuse.
