THE CONSTITUTION OF INDIA
Constitution means a set of
fundamental principles, basic rules and established precedents
It identifies, defines and regulates
various aspects of the State and the structure, powers and functions of the
major institutions under the three organs of the Government – the executive,
the legislature and the judiciary. It also provides for rights and freedoms of
citizens and spells out the relationships between individual citizen and the
State and government.
A Constitution may be written or
unwritten, but it contains fundamental laws of the land. It is the supreme and
ultimate authority. Any decision or action which is not in accordance with it
will be unconstitutional and unlawful. A Constitution also lays down limits on
the power of the government to avoid abuse of authority. Moreover, it is not a
static but a living document, because it needs to be amended as and when
required to keep it updated. Its flexibility enables it to change according to
changing aspirations of the people, the needs of the time and the changes
taking place in society.
The Indian Constitution
It is a very lengthy document. In
fact, Indian Constitution is the longest
of all the written constitutions. It was prepared by a representative body,
known as the Constituent Assembly.
Most of its members were deeply involved in the freedom struggle. They are
respectfully called the founding fathers
of the Constitution. The process of constitution-making was greatly
influenced by the following factors:
(a) Aspirations generated during the
long drawn freedom struggle,
(b) The constitutional and political
changes that took place during the British rule,
(c) The ideas and thoughts of Mahatma
Gandhi, popularly known as Gandhism,
(d) The socio-cultural ethos of the
country and
(e) The experiences of the
functioning of Constitutions in other democratic countries of the world. The
Constitution came into effect on 26 January, 1950 and since then we celebrate
this day as the Republic Day every year.
The Constitution of India defines all
aspects of the Indian political system including its basic objectives. It has
provisions regarding (a) the territories that India will comprise, (b)
citizenship, (c) fundamental rights, (d) directive principles of state policy
and fundamental duties, (e) the structure and functioning of governments at
union, state and local levels, and (f) several other aspects of the political
system. It defines India as a sovereign, democratic, socialist and secular
republic. It has provisions for bringing about social change and defining the
relationship between individual citizen and the state.
CONSTITUTIONAL VALUES
The Constitution of
any country serves several purposes.
- It lays down
certain ideals that form the basis of the kind of country that we as citizens
aspire to live in. A country is usually made up of different communities of
people who share certain beliefs, but may not necessarily agree on all issues.
- A Constitution
helps serve as a set of principles, rules and procedures on which there is a
consensus. These form the basis according to which the people want the country
to be governed and the society to move on. This includes not only an agreement
on the type of government but also on certain ideals that the country should
uphold.
- The Indian
Constitution has certain core constitutional values that constitute its spirit
and are expressed in various articles and provisions. Which include truth,
non-violence, peace, cooperation, honesty, respect and kindness are values etc.
- The Indian
Constitution contains all such values, the values that are the universal, human
and democratic of the modern age.
I) Values and the
Salient Features of the Constitution
The main features of
the Constitution as shown in the illustration are as follows:
1. Written Constitution:
Constitution
of India is the longest written constitution which contains a Preamble, 395
Articles in 22 Parts, 12 Schedules and 5 Appendices. It is a document of
fundamental laws that define the nature of the political system and the
structure and functioning of organs of the government. It expresses the vision
of India as a democratic nation. It also identifies the fundamental rights and
fundamental duties of citizens. While doing so, it also reflects core
constitutional values.
2. A Unique Blend of
Rigidity and Flexibility: In our day-to-day life, one has to realize that it is
not easy to bring about changes in a written document. As regards
Constitutions, generally written constitutions are rigid. The Constitution lays
down special procedure for constitutional amendments. In the unwritten
constitution like the British Constitution, amendments are made through
ordinary law-making procedure. The British Constitution is a flexible
constitution. In the written constitution like the US Constitution, it is very
difficult to make amendments. The US Constitution, therefore, is a rigid
constitution. However, the Indian Constitution is neither as flexible as the
British Constitution nor as rigid as the US Constitution. It reflects the value of continuity and change. There are three ways
of amending the Constitution of India. Some of its provisions can be amended by
the simple majority in the Parliament, and some by special majority, while some
amendments require special majority in the parliament and approval of States as
well.
3. Fundamental
Rights and Duties: The Constitution of India includes these rights in a separate
Chapter which has often been referred to as the ‘conscience’ of the
Constitution. Fundamental Rights protect citizens against the arbitrary and
absolute exercise of power by the State. The Constitution guarantees the rights
to individuals against the State as well as against other individuals. The
Constitution also guarantees the rights of minorities against the majority.
Besides these rights, the Constitution has provisions identifying fundamental
duties, though these are not enforceable as the fundamental rights are. These
duties reflect some of the basic values embodied in the Constitution.
4. Directive
Principles of State Policy: In addition to Fundamental Rights, the
Constitution also has a section called Directive Principles of State Policy. It
is a unique feature of the Constitution. It is aimed at ensuring greater social
and economic reforms and serving as a guide to the State to institute laws and
policies that help reduce the poverty of the masses and eliminate social
discrimination. And these provisions are directed towards establishment of a
welfare state.
5. Integrated
Judicial System: Unlike the judicial systems of federal countries like the
United States of America, the Indian Constitution has established an integrated
judicial system. Although the Supreme Court is at the national level, High
Courts at the state level and Subordinate Courts at the district and lower level,
there is a single hierarchy of Courts. At the top of the hierarchy is the
Supreme Court. This unified judicial system is aimed at promoting and ensuring
justice to all the citizens in uniform manner. Moreover, the constitutional
provisions ensure the independence of Indian judiciary which is free from the
influence of the executive and the legislature.
6. Single
Citizenship: Indian Constitution has provision for single citizenship. It
means that every Indian is a citizen of India, irrespective of the place of
his/her residence or birth in the country. This is unlike the United States of
America where there is the system of double citizenship. A person is a citizen
of a State where he/she lives as well as he/she is a citizen of U.S.A. This
provision in the Indian Constitution definitely reinforces the values of
equality, unity and integrity.
7. Universal Adult
Franchise:
The values of equality and justice are reflected in yet another salient feature
of the Constitution. Every Indian after attaining certain age (at present 18
years) has a right to vote. No discrimination can be made on the basis of
religion, race, caste, sex, descent, and place of birth or residence. This
right is known as universal adult franchise.
8. Federal System
and Parliamentary Form of Government: Another salient feature of the Indian
Constitution is that it provides for a federal system of state and
parliamentary form of government. But it is necessary to note here that the
federal system reflects the constitutional value of unity and integrity of the
nation, and more importantly the value of decentralization of power. The
parliamentary form of government reflects the values of responsibility and
sovereignty vested in the people. The core principle of a parliamentary
government is the responsibility of the executive to the legislature consisting
of the representatives of the people.
9. Preamble of the Constitution:
The Preamble to the Constitution of India is a well
drafted document which states the philosophy of the constitution. It declares
India to be a Sovereign Socialist Secular Democratic Republic and a welfare
state committed to secure justice, liberty and equality for the people and for
promoting fraternity, dignity the individual, and unity and integrity of the
nation. The Preamble is the key to the constitution. It states in nutshell the
nature of Indian state and the objectives it is committed to secure for the
people.
10. India is a Democratic Socialist State:
Although, right from the beginning the Indian
Constitution fully reflected the spirit of democratic socialism, it was only in
1976 that the Preamble was amended to include the term ‘Socialism’. It is now
regarded as a prime feature of Indian state. India is committed to secure
social, economic and political justice for its entire people by ending all
forms of exploitation and by securing equitable distribution of income,
resources and wealth. This is to be secured by peaceful, constitutional and
democratic means.
11. India is a Secular State:
India gives special status to no religion. There is no
such thing as a state religion of India. This makes it different from
theocratic states like the Islamic Republic of Pakistan or other Islamic
countries. Further, Indian secularism guarantees equal freedom to all
religions. The Constitution grants the Right to Religious Freedom to all the
citizens.
12. India is a Democratic State:
The Constitution of India provides for a democratic
system. The authority of the government rests upon the sovereignty of the
people. The people enjoy equal political rights. On the basis of these rights,
the people freely participate in the process of politics. They elect their
government. Free fair and regular elections are held for electing governments.
For all its activities, the government of India is responsible before the
people. The people can change their government through elections. No government
can remain in power which does not enjoy the confidence of the people. India is
world’s largest working democracy.
13. India is a Republic:
The Preamble declares India to be a Republic.
India is not ruled by a monarch or a nominated head of state. India has an
elected head of state (President of India) who wields power for a fixed term of
5 years. After every 5 years, the people of India indirectly elect their
President.
14. India is a Union of States:
Article I of the Constitution declares, that “India that is Bharat
is a Union of States.” The term ‘Union of State’ shows two important facts:
(i) That Indian Union is not the result of
voluntary agreement among sovereign states, and
(ii) that states of India do not enjoy the
right to secede from the Union. Indian Union has now 28 States and 7 Union
Territories.
FUNDAMENTAL
RIGHTS
There are six
Fundamental Rights of Indian citizens. These rights are peculiar in the sense
that without these, no one can live in a democratic manner. Therefore framers
of the Indian Constitution provide some Fundamental Rights for Indian citizens.
Democracy cannot work if the people do not have rights.
Inclusion of
Fundamental Rights prevents the government from becoming despotic
(dictatorial). Fundamental Rights are essential for moral and material
development of the people also. People can develop their best self and
personality through these rights. Though these rights are some guaranteed by
the Constitution, yet the state can take back these rights temporarily during
proclamation of emergency to maintain public order, security and so on. At the
same time these rights are justifiable also. The courts can protect and
safeguard them, if someone’s rights are violated. After all, Fundamental Rights
are indispensable for good life and for the full development of human
personality.
These
are Constitutionally protected and guaranteed to
the citizens while ordinary rights are protected by the ordinary law of the
country. Right to Life, Freedom of Speech and Expression, Right to Equality,
Right to Religion, Right to Personal Liberty, Right to Education are some important
Fundamental Rights of Indian citizen. Every state incorporates these
Fundamental Rights in their own Constitution and citizens can enjoy them. If
anybody’s Fundamental Rights are violated by force he or she can go to the
court seeking legal assistance. Democratic countries like India, Japan, France,
Switzerland and many other countries individuals without which democracy
becomes meaningless.
Some Fundamental Rights are limited to citizens only,
such as freedom of speech, assembly, and cultural and educational rights, but
other rights like equality before the law, religious freedom etc are available
to both citizens and aliens. Some provisions of ChapterIII of the Indian
Constitution are of the nature of prohibitions and place Constitutional limitations
on the authority of the state. For instance, no authority of the state can deny
to any person equality before the law or the equal protection of the laws.
Types of 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.
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 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 before law. It means that everyone will be equally protected by the laws
of the country.
(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.
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 special provision for the reservation of posts for citizens belonging
to Scheduled Castes, Scheduled Tribes and Other Backward Classes (OBCs).
(iv) Abolition of Untouchability: Practicing untouchability in any form has been made a
punishable offence under the law. This is an effort to uplift the social status
of millions of Indians who had been looked down upon and kept at a distance
because of either their caste or the nature of their profession. But, it is
reality this social evil continues even today.
(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.
2 Right to 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
(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 practice any profession or to carry on
any occupation, trade or business
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 practice 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 practicing 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
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.
3 Right against Exploitation
Traditionally, the Indian society has been
hierarchical that has encouraged exploitation in many forms. Hence 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:
a. 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.
b. 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. Children are
assets of the society. It is their basic right to enjoy a happy childhood and
get education.
4 Right to Freedom of Religion
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. 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:
a. 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,
practice and propagate religion freely. 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.
b. 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.
c. 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.
d. Freedom as to attendance at religious instruction
or religious worship in certain educational institutions: 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 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.
5 Cultural and Educational Rights
India is the largest democracy in the world having
diversity of culture, scripts, languages and religions. And 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 Fundamental Rights. In Articles
29-30 two major provisions have been made:
a. 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.
b. 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. 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.
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. 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, one 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.
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.
Restrictions on Fundamental Rights
Though the Constitution of India guarantees all these
Fundamental rights for the citizen, yet there are some limitation and
exceptions of these rights also. A citizen cannot enjoy Fundamental Rights
absolutely or at will. Within some Constitutional limitation citizen can enjoy
their Rights. The Constitution of India imposes some reasonable restrictions
upon enjoyment of these Rights so, that public order, morality and health
remain intact.
The Constitution always aims at restoration of
collective interest along with individual interest .For example, right to
religion is subject to restrictions imposed by the state in the interest of
public order, morality and health so, that the freedom of religion may not be
abused to committee crimes or antisocial activities.
Similarly Rights guaranteed by article19 does not mean
absolute liberty. Absolute individual rights cannot be guaranteed by any modern
state. Therefore our Constitution also empowered the state to impose reasonable
restrictions as may be necessary in the larger interest of the community. our
Constitution always attempts “ to strike a balance between individual liberty
and social control .” and to establish a welfare state where collective
interest got prominence over individual interest .
Freedom of speech and expression (Art.191A) is also
subject to reasonable restrictions imposed by the state relating to defamation,
contempt of court, decency or morality, security of the state, friendly
relations with foreign states, incitement to an offence, public order,
maintenance of the sovereignty and integrity of India. Freedom of assembly
(Art.191B) is also subject to reasonable restrictions imposed by the state that
the assembly must be peaceful and without arms in the interest of public order.
Freedom of press which is included in the wider freedom of expression is also
subject to reasonable limitations and the state can impose restriction upon
freedom of press in the larger interest of the state or for the prevention of
contempt of court, defamation or incitement to an offence.
FUNDAMENTAL DUTIES
1. Fundamental Duties
The original Constitution enforced on 26th January,
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.
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 and as 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 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 justifiable.
DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition.—In
this Part, unless the context otherwise requires, “the State” has the same
meaning as in Part III.
37. Application of
the principles contained in this Part.—The provisions contained in this Part
shall not be enforceable by any court, but the principles therein laid down are
nevertheless fundamental in the governance of the country and it shall be the
duty of the State to apply these principles in making laws.
38. State to
secure a social order for the promotion of welfare of the people.—(1) 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 the national life. (2) The
State shall, in particular, strive to minimise the inequalities in income, and
endeavour to eliminate inequalities in status, facilities and opportunities,
not only amongst individuals but also amongst groups of people residing in
different areas or engaged in different vocations.
39. Certain
principles of policy to be followed by the State.—The State shall, in
particular, direct its policy towards securing—
(a) that the
citizens, men and women equally, have the right to an adequate means of
livelihood; (b) that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good;
(c) that the
operation of the economic system does not result in the concentration of wealth
and means of production to the common detriment;
(d) that there is
equal pay for equal work for both men and women;
(e) that the
health and strength of workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength;
(f) that children
are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected
against exploitation and against moral and material abandonment.
Equal justice and
free legal aid.—The State shall secure that the operation of the legal system
promotes justice, on a basis of equal opportunity, and shall, in particular,
provide free legal aid, by suitable legislation or schemes or in any other way,
to ensure that opportunities for securing justice are not denied to any citizen
by reason of economic or other disabilities.
40. Organisation
of village panchayats.—The State shall take steps to organise village
panchayats and endow them with such powers and authority as may be necessary to
enable them to function as units of self-government.
41. Right to work,
to education and to public assistance in certain cases.—The State shall, within
the limits of its economic capacity and development, make effective provision
for securing the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other cases of
undeserved want.
42. Provision for
just and humane conditions of work and maternity relief.—The State shall make
provision for securing just and humane conditions of work and for maternity
relief.
43. Living wage,
etc., for workers.—The State shall endeavour to secure, by suitable legislation
or economic organisation or in any other way, to all workers, agricultural,
industrial or otherwise, work, a living wage, conditions of work ensuring a
decent standard of life and full enjoyment of leisure and social and cultural
opportunities and, in particular, the State shall endeavour to promote cottage
industries on an individual or co-operative basis in rural areas. 43A.
Participation of workers in management of industries.—The State shall take
steps, by suitable legislation or in any other way, to secure the participation
of workers in the management of undertakings, establishments or other
organisations engaged in any industry.
44. Uniform civil
code for the citizens.—The State shall endeavour to secure for the citizens a
uniform civil code throughout the territory of India.
45. Provision for
early childhood care and education to children below the age of six years.—The
State shall endeavour to provide early childhood care and education for all
children until they complete the age of six years.
46. Promotion of
educational and economic interests of Scheduled Castes, Scheduled Tribes and
other weaker sections.—The State shall promote with special care the
educational and economic interests of the weaker sections 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.
47. Duty of the
State to raise the level of nutrition and the standard of living and to improve
public health.—The State shall regard the raising of the level of nutrition and
the standard of living of its people and the improvement of public health as
among its primary duties and, in particular, the State shall endeavour to bring
about prohibition of the consumption except for medicinal purposes of
intoxicating drinks and of drugs which are injurious to health.
48. Organisation
of agriculture and animal husbandry.—The State shall endeavour to organise
agriculture and animal husbandry on modern and scientific lines and shall, in
particular, take steps for preserving and improving the breeds, and prohibiting
the slaughter, of cows and calves and other milch and draught cattle. 48A. Protection
and improvement of environment and safeguarding of forests and wild life.—The
State shall endeavour to protect and improve the environment and to safeguard
the forests and wild life of the country.
49. Protection of
monuments and places and objects of national importance.—It shall be the
obligation of the State to protect every monument or place or object of
artistic or historic interest, declared by or under law made by Parliament to
be of national importance, from spoliation, disfigurement, destruction,
removal, disposal or export, as the case may be.
50. Separation of
judiciary from executive.—The State shall take steps to separate the judiciary
from the executive in the public services of the State.
51. Promotion of
international peace and security.—The State shall endeavour to—
(a) promote
international peace and security;
(b) maintain just
and honourable relations between nations;
(c) foster respect
for international law and treaty obligations in the dealings of organised
peoples with one another; and
(d) encourage
settlement of international disputes by arbitration.
JUSTICE, LIBERTY, EQUALITY AND FRATERNITY
To build up an ideal democracy,
the preamble emphasizes justice,
liberty, equality and fraternity as
political ideals.
The ideal of justice implies a system where individuals can
realize their full potentialities. In the view of our founding fathers it is
not enough that there is political or legal justice. Political and legal justice is a myth unless accompanied by social
and economic justice. Social
justice implies that all
social discriminations like caste or untouchability must be ended. Economic justice implies that economic exploitations
should be ended. However, social and economic justice still remains unrealized
dreams.
The ideal of liberty aims at ensuring these freedoms which
make men really free. Liberty to be meaningful must mean liberty of thought,
expression, belief, faith and worship. This concept of liberty is essentially
political in nature. Non-mention of the economic liberty is certainly a
drawback of the preamble.
The ideal of equality is aimed at removing discriminations
between citizens. This is particularly important in the Indian society,
vitiated by caste system and untouchability. But here again one should remember
that equality in the social arena is bound to be empty unless accompanied by
economic equality.
Fraternity as an ideal is sought to be fostered to ensure the dignity of the individual and unity
of the nation. One should however note that a fraternal feeling among
Indians would grow only in proportion to the realization of the ideals of
justice, liberty and equality. Thus fraternity is not an independent ideal but
a resultant of the successful realization of important ideals listed earlier.
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