BLOCK 2

INDIAN CONSTITUTION
Indian Constitution
BLOCK 2 INTRODUCTION
Constitution of India guarantees security of rights of all individuals, promotion
of fraternity among them and ensures unity and integrity of nation. Purpose of
this block is to introduce you to the provisions dealing with the basic features of
the constitution, rights and duties of the people, relationships among them, and
about the directives which the constitution gives to the state (government) to
device policies for their welfare. These themes are discussed in three units
of this block. Unit 4 discusses the basic features of the constitution. Units 5 is about
Fundamental Rights. Unit 6 deals Directive Principles of the State Policy and
Fundamental Duties of citizens.

34
UNIT 4 BASIC FEATURES^ Basic Features

Structure
4.0 Objectives
4.1 Introduction
4.2 Government of India Act, 1935
4.3 Constituent Assembly
4.4 Essential Features
4.4.1 Sovereign, Democratic, Republic
Union of States
Fundamental Rights
Directive Principles of State Policy
Fundamental Duties
The Union: Executive, Legislature and Judiciary
Emergency Provisio
General Emergency
Declaration of Constitutional Emergency
Financial Emergency
Federalism
Centre-State
Relative Flexibility
Let Us Sum Up
References
Answers to Check Your Progress Exercises

4.0OBJECTIVE
In this Unit we shall discuss the salient features of the Indian Constitution in
the backdrop of the relevant events that preceded the coming into force of
the Constitution. After going through this unit you should be able to:
List out the essential features of the Indian Constitution; and

Highlight the significance of the salient features.

4.1 INTRODUCTION
The constitution of India is the will of the people of the country. It sets the broad
functional parameters of governance. The Constitution was prepared after lengthy
deliberations in the Constituent Assembly, which began on 6 December 1946
and came into force on 26 January 1950. The precursor to the Indian Constitution
was the Government of India Act of 1935.

*Dr. P.V. Ramana, Formerly Research Fellow, Institute of Defence Studies and Analysis, New
Delhi. This unit is adopted from BPSE-212, unit 6. 35
Indian Constitution
4.2 GOVERNMENT OF INDIA ACT, 1935
The 1935Act was the product of the Report of a Joint Select Committee that was
discussed in the British Parliament before finally receiving the assent of the
Queen, on 2 August 1935. Some of the features of the 1935 Act, with modification
though, were later incorporated in the Constitution of India. These include a
federal structure in the form of a Union government and State Government(s)
(Centre and State(s), and the division of powers between them (Union List, State
List and Concurrent List) bicameral Legislature —the Lower House and the Upper
House (Lok Sabha and Rajya Sabha at the Union level; and State Legislative
Assembly and State Legislative Council, at the State level), Federal Court (the
Supreme Court).

4.3 CONSTITUENT ASSEMBLY

For the purpose of writing a constitution, a Constituent Assembly was convened.
Constitution making was no easy task. The Constitution had to live up to
the aspirations of the people who had been exposed to several centuries of injustice,
social exploitation and discrimination, as well as two centuries of colonial
dominance. Moreover, if it were to be applicable and acceptable to diverse
religious, political and regional sections, it had to embody their interests. The
motto with which the constitution-making exercise was undertaken was
‘consensus’ rather than the ‘majority principle’. In this, representatives from
diverse ideological backgrounds, and several of them with a legal background,
worked together. At the head of the exercise was Dr. Rajendra Prasad, a veteran
of the freedom movement who was later to hold oifice of the president of
India for two successive terms, and the leading light was the first Prime Minister
of Independent India, Jawaharlal Nehru. Renowned members of the Assembly
included T TKrishnamachari, Dr. B R Ambedkar, Alladi Krishna Swami lyer
and GopalaswamiAiyangar, Shyama Prasad Mukherji, J B Kriplani, Vallabhai
Patel and PattabhiSitaramayya.

There were to be 381 members in the Constituent Assembly. They represented

the various political parties and belonged to the ngress Party, Communist
Party of India, Praja Party, KrishakPraja Party, Scheduled Castes Federation,
Non-Congress Sikhs, Unionist Muslims and Provinces and the Princely States
were also represented in the Assembly.

The provisions of the Constitution were extensively ebated upon in the several
Committees that were formed for the purpose before being presented to the
Assembly for its consideration. On the basis of the deliberations in the Assembly,
the Drafting Committee, which was constituted on 29 August 1947, prepared the
draft text of the Constitution. Dr. B RAmbedkar was the chairman of the Drafting
Committee. The final document, after making amendments to the draft
Constitution, as signed on 26 November 1949, and two months later it came into
force.

It is, indeed, creditable that the Members of the Constituent Assembly completed
the exercise of preparing a Constitution within a period of three years while it
took many more years for other countries to have their first Constitution. Also,
it goes to the credit of the country and is a testimony to the broad vision of the
36 Constitution makers that the Constitution of India was never abrogated, and a
new one introduced. The Indian Constitution was never seriously questioned Basic Features
since the time it came into force. The changing requirements were attended to
through affecting amendments to the Constitution while its essential features
were retained; they occasionally came under strain, though.

4.4 ESSENTIAL FEATURES

The essential features of the Constitution of India are as follows: The Constitution
is supreme; The sovereignty of India cannot be surrendered or pledged; India is
Republic and cannot be turned into a monarchy; Democracy is a way of life than
merely providing for adult franchise; Secularism and independent judiciary are
two pedestals of this democracy. Amendments to the Constitution can be made
without altering its essentials. We shall discuss some of these features.

4.4.1 Sovereign, Democratic, Republic

The ‘Preamble’ to the Constitution declares that the people of the country are the
sovereigns. In other words, ‘Sovereignty’ rests in the people and is exercised
through the institutions that have been created for that purpose. The sovereignty
of the country can not be pledged, i.e., India can not be turned into a colony or
dependency of another country. The entire course of the Freedom Movement
was on this quintessential principle of sovereignty.

In the Preamble it is also stated that the country shall be a Republic and
shall adhere to a democratic form of government. In Republic there is no scope
for a Monarch to reign over the people, but the people themselves rule the
county through their elected repre

4.4.2 Union of States

An important feature of the Constitution is that it has constituted India as a Union
of States (Art 1). There is also scope in the Constitution to create new States as
well as to admit new ones. Notable example of these are the formation of States,
for the first time after independence in 1956 by bifurcating some of the
existing States on a linguistic basis-Andhra Pradesh, Tamil Nadu, Karnataka and
Kerala. Through the bifurcation of the Bombay State Maharashtra and Gujarat
were formed. More recently, in the year 2000, three new States — Uttaranchal,
Chhattisgarh and Jharkhand — were created. An example of the admission of
new States into the Indian Union is the admission of Sikkim, in 1975, till then a
protectorate of India, into the some of the Princely States were yet not ready by
the time the Constitution would come into force to become part of India.
The Nizam’s State of Hyderabad is one such example.And, besides, there were
French and Portuguese colonies — Pondicherry and Goa that remained to be
integrated with India. On August 5, 2019 the State of Jammu and Kashmir was
bifurcated into two union-territories — Jammu and Kashmir and Laddhakh.

4.4.3 Fundamental Rights

The Fundamental Rights provided for in the Constitution could be summarised
as Right to Equality, Right to Freedom, Right Against Exploitation, Right to
Religion, Cultural and Educational Rights and the Right to Constitutional
Remedies. The Right to Property was made a legal right through the Forty Fourth
Constitutional Amendment Act, and is hence, not a Fundamental Right now. In
37
Indian Constitution
the large interests of the country, the property belonging to any person can be
acquired by paying a ‘compensation.’

The Fundamental Rights are enshrined in Part III of the Constitution, and their
implementation is guaranteed by the Supreme Court. In other words, Fundamental
Rights are justice able. Indeed, some of the Fundamental Rights, it might be
noted, are applicable only to the citizens of the country and not to
foreigners. Article 20, Article 21 and Article 22 are, however, applicable to all. At
the same time, it should also be borne in mind that what is applicable is the
‘restriction’ on the Right.

Except during an ‘Emergency’, Fundamental Rights cannot be suspended.

However, even during an Emergency Article 20 and Article 21 cannot be withheld.
The Constitution was amended by the Forty Fourth Amendment Act and through
Article 359-1A it was stated that Article 20 and Article 21 cannot be suspended
even when a proclamation of Emergency is in operation.

Right to Freedom
The Constitution also ensures the Right to Freedom under Articles 19 to 22.
Article 19 guarantees the right to freedom of h and expression, right to
peaceful assembly, right to form associations, right to visit and reside’ in any
part of the country and the right to profess and practice ones religion. These
rights too, are subject to any reasonable restrictions that can be imposed by the
state under clauses 2 to 6 of Article 19.

Article 20 guarantees that no person shall be punished on the basis of laws that
are enacted after a crime has been committed ection from ex post facto
laws). Protection from being punished more than once for the same offence
(protection from ‘double jeopardy') and protection from standing trial against
oneself(protection from self-incrimination). Article 21 ensures the protection of
‘personal life and liberty’. In other words, the state does not have the right
to take away the life of a person, except through the procedure established by
law. Article 22 prohibits detention of person’s without trial. However,
preventive detention of a person up to three months and, in some cases,
beyond that is permitted.

Right to Equality
Article 14, guarantees the Right to Equality before the Law and the Right
to Equal Protection of the Laws. In other words, this article ensures that all persons
can be tried in a court of law and every person can approach the courts for justice
and that no person shall be discriminated against in the application of laws, nor
can any person claim special privileges and favouritism.

Article 15 guarantees protection from discrimination on the basis of ‘religion,

race, caste, sex or place of birth’. and provides for equal access to and thus the
Right against Discrimination. It also, however, states clearly that the state can
make special provisions for the uplift of certain categories of people like socially
and culturally backward classes and Scheduled Castes and Scheduled Tribes. An
example in this context is the reservation provided in educational institutions
and in the public services to the disadvantages sections of the society. As one
commentator observed, “the framers of the Indian Constitution sought to shape
an overarching a) adequate means of livelihood for all,(b) distribution of wealth
38
and control over it, rather than concentration, in the common good, (c) equal Basic Features
pay for equal work for both men and women (d) non-abuse of the health of all
workers and (e) the protection of the children of the country from exploitation
and their growth in an atmosphere of freedom and dignity.

Article 16 provides for the Right to Equality of Opportunity in employment.

Continuing with its desire to ensure equality of all citizens, the Constitution also
abolished ‘Untouchability’ whose practice is a crime under Art 17, while Article
18 abolished Titles.

4.4.4 Directive Principles of State Policy

The Directive Principles of States Policy (DPSP) are an adaptation from the
Irish Constitution. These are broad guidelines which have to be borne in mind
while enacting laws and implementing them. Unlike the Fundamental Rights,
the DPSP are notjusticeable. Simplistically understood the DPSP have a ‘welfare’
connotation. The Constitution does not provide for their guarantee and, therefore,
their enforcement can not be questioned in a court of law.

Fundamental Rights and the DPSP “together, not individually” form the core of
the Constitution; “the true conscience”. The DPSP prescribes that the state
ensures.

4.4.5 Fundamental Duties

The Fundamental Duties enshrined in the Constitution are intended to obligate
all the citizens to strive for the common benefit of all. They are expected to
respect the Constitution, National Tri-colour and the Anthem. They are
upon to strive for upholding the unity and integrity of the country and work for
a harmonious society setting aside all divisive tendencies. The citizens of
the country have a duty to protect its resources both natural and material and
work towards higher levels of achievement.

4.4.6 The Union: Executive, Legislature and

There are, as all students of Political Sciences know, three organs or branches
of government, i.e., legislature, executive and judiciary. A harmonious functioning
among the three is vital for the furtherance of a

Legislature
At its Independence, India chose to adopt a parliamentary from of government.
In such a form of government, the President is the Head of the State while real
executive power is exercised by the Head of Government, the Prime Minister, in
association with his Council of Ministers, all of who are collectively responsible
to Parliament.

Executive
In India, the legislature and the executive are drawn from one another, while
the judiciary is an independent body. The legislature comprises of the House of
People (Lok Sabha), Council of States and the President of India. A member
of the Union Council of Ministers has necessarily to be a member of either of the
lower horse, the Lok Sabha or the Upper house, the Rajya Sabha.
39
Indian Constitution
President
Both the houses of Parliament and the legislatures in the States elect the President
by means of a ‘single transferable vote’. The office of the President, its functions,
powers tenure, method of election and re-election, impeachment, and the
qualifications required to hold the office are enunciated in Articles 52 to 62. All
activities of the state are carried out in the name of the President as the executive
power is vested in the President (Art 52). As in the United States, in India, too,
the President is the Supreme Commander of the Armed Forces. The President
summons both the houses of Parliament and addresses its joint sessions. He has
the power to remit sentences and grant reprieve. He appoints all the important
functionaries of the state such as the Prime Minister and the Council of Ministers,
Judges of the Supreme Court and High Courts, the Attorney General, Governors
of States, Chairpersons of Commissions like the Election Commission of India
and heads of organisations like the Comptroller and Auditor General of India (C
& AG).

The Union Council of Ministers

It need to be kept in mind that there is a difference between the Cabinet and the
Council of Ministers; the Cabinet is composed of minister of Cabinet rank and
Ministers of State, while the Council also includes the Deputy Ministers. The
Council of Ministers is collectively responsible to Parliament. Activities of the
Ministries are brought under scrutiny by the opposition during the two-hour long
Question Hour at the beginning of each day of the Session in Parliament. The
Council of Ministers makes recommendations to the President, in what is called
‘aids and advises’, in the affairs of the country. Important among the
recommendations that we should be aware are relating to dissolution of the
Lok Sabha, declaring war or declaring a ‘state of Emergency’.

Legislature7P'arliament
The Indian Parliament is the supreme law-making body of the country. It is
a bicameral legislature as in the United Kingdom, the United States and several
other countries. The upper house is known in Hindi as the Rajya Sabha and in
English as the Council of States. It comprises the Chairman, who is also the
Vice-President of India, the elected members and 12 nominated members, each
holding a term of six years, with one-third of its membership retiring every two
years.
A significant aspect and point of difference between the Rajya Sabha and
its equivalent, the American Senate is that the membership of each State in
it is proportional to its population, whose legislative assembly elects the members
of the Rajya Sabha. Thus, all States of the Indian Union do not send an equal
number of representatives. The lower house of Parliament is the House of the
People, better known as the Lok Sabha. Its members are elected for single, term
of five years or less directly by all eligible voters by means of‘universal adult
suffrage’ from territorially delimited constituencies.
The Rajya Sabha has little power over money bills. These can not be introduced
in the Rajya Sabha. It has to return such bills to the Lok Sabha with its
recommendations within 14 days, and it is for the Lok Sabha to accept or reject
any of its recommendations. In case of a deadlock over a non-money bill between
the Lok Sabha and the Rajya Sabha, the President convenes a joint sitting of the
40 two houses to debate and vote on the bill.
A bill takes the form of an Act only after the President gives his assent to the Basic Features
same. The President is empowered to withhold assent to a bill passed by both
houses of Parliament of refer it to Parliament with his suggestions. There have
been very few occasions when the President withheld his assent, but of course,
on the premise that the bill ran in contradiction with ‘public opinion”. One such
instance was the Postal Bill that was thought to be infringing on the privacy of
the people.
Check Your Progress 1
Note: i) Use the space given below for your answers.
ii) Check your answers with model answers given at the end of the unit.
1) What rights do Article 20 and 21 deal with? Can these rights be restricted or
temporarily suspended?

2) The Union Cabinet consists of

a) The prime minister, Ministers of Cabinet rank and Ministers of State.
b) Cabinet rank Ministers and Ministers of
c) Prime Minister and Cabinet rank Ministers
judiciary
The third and very important organ of the government is the Judiciary. The Highest
court of appeal is the Supreme Court. The Supreme Court has both appellate
original jurisdiction as do the High Courts in the respective States.

The Supreme Court is the custodian of the Constitution. Laws enacted by the
legislature can be declared invalid by the Supreme Court, if it is of the opinion
that they are not in conformity with the provisions of the Constitution. This power
is known as the power of ‘judicial review’. Besides, the Supreme Court and the
high Courts can also issue writes to the government and its agencies. A well-
known example is the Writ of Habeas Corpus. By pleading for the issuance of
such a writ an applicant asks the Supreme Court to direct the concerned police
authorities to present before the court a person who is missing and is believed
to be under their custody.

41
Indian Constitution The President of India appoints all Judges of the Supreme Court and High Courts
and the Chief Justices. The Constitution also clearly lays down the procedure for
impeaching the Judges and Parliament alone can impeach a judge of the Supreme
Court.
The supreme Court and Parliament have on occasion entered into a tug of war.
This was finally resolved with the Constitution Amendment Act stating that the
Supreme Court has the power.

4.5 EMERGENCY PROVISIONS

Emergency Provisions are enshrined in Part XVIII of the Constitution under
Articles 352 to 360. There are three types of Emergency that can be declared:
External aggression or armed rebellion (Article 352): Emergency was declared
under this provision for the first time in the wake of the war with China on
October 26, 1962. It continued upto January 10, 1968. Another proclamation of
emergency took place on December 3, 1971, in the wake of the India-Pakistan
war. During its continuation, a third Emergency was declared was on June, 1975.
It was revoked in 1977. Critics argue that the third emergency was intended
more to retain Mrs. Indira Gandhi in power than re was the actual threat. It
was the darkest period for Indian democracy as there were arbitrary detentions,
for a prolonged period of time and accusations of widespread infringement of
Fundamental Rights.

4.5.1 General Emergency

An emergency can be proclaimed when the security the country is under threat
or is under the danger of a threat from hostile countries during times of war or
only to state whether an Act was in contravention of the provisions of the
Constitution or not.

4.5.2 Declaration of Constitutional Emergency

The most contentious and abused emergency sion is Article 356. If the
President receives a report from the Governor of a state stating that the
constitutional machinery has broken down or that the administration of the
State can no longer be carried out in accordance with the provisions laid down
in the Constitution of India, and emergency can be declared in that State. The
President may do so even if he is otherwise satisfied of a stitutional
breakdown in a State. The provision allows dismissing the State government and
bringing it under President’s Rule or Central Rule. Under such a condition, the
Governor of the State assumes all functions and carries out the
administration in the State, on behalf of the President, i.e. the Centre, with the
aid of his advisors appointed by the President upon the recommendation of the
Union Council of Ministers.

There were several instances when Article 356 was brought into force in various
State. The first instance of dismissing a State government by invoking Article
356 even while it continued to enjoy the confidence of the State Legislature
occurred in 1959, in Kerala, when the Communist government of the day was
dismissed. It generated a major controversy and it was argued that it was a wrong
42
decision as the government commanded a majority on the State Assembly. On

43
the other hand, the supporters of the decision held that public dissatisfaction Basic Features
manifest in the form of agitation against the government and its policies
was reason enough to conclude that there, indeed, was a break down of law
and order, and, hence, it was correct to impose President’s Rule.

Other instances include the dismissal of State governments en masse twice, in

1977 after the Janata Party swept the general elections and subsequently in 1979
when the Congress Party returned to power. Other contentious occasions on which
invoking the provision was resorted are in 1984 in Andhra Pradesh and later in
Karnataka when the S R Bommai government was dismissed, and the court later
subsequently held that the decision was incorrect.

4.5.3 Financial Emergency

Financial emergency can be declared under Article 360 in conditions in which
the financial stability or credit of the country or any part of the country is
threatened. However, as provided for in the Forty Fourth Constitutional
Amendment Act of 1978, such a proclamation needs to be approved by the both
the Lok Sabha and the Rajya Sabha within two months from the date of its
proclamation, or, if the Lok Sabha is at that time dissolved, within 30 days
the date it (the new house) reconstituted.

4.6 FEDERALISM
At the time of Independence the diversity of the country was such that the
Constitution makers, thought it fit to have a strong Union government
within a federal framework. Provisions related to Centre-State relations are
enumerated in Part XI of the Constitution. The Indian Constitution provides for
governments with specified powers in the various States, too. India’s Constitution
thus has both centralizing and de-centralising features.

For more than a decade and a half after Independence, the Centre and the States
had almost no problems. Scholars attribute this to the existence of
governments in most of the States in the country as well as at the Centre,
the towering personality of the then Prime Minister, Jawaharlal Nehru, and also
the leadership in the States as well as at the Centre that was less prone to schism,
but guided more by idealism. The balance in relations tilted more in favour of
the Centre when Indira Gandhi was the Prime Minister of the country. This was
not only to the Emergency that was imposed in 1975, but also because of weak
leaders at the State-level whose survival in political power was dependent on the
clout that they could wield at the Central level.

By the 1990s, at least a few of the States exercise greater leverage vis-a-vis the
Centre. A Central government that lacked an absolute majority in Parliament
had to depend on the support of its regional allies — the Dravida Munnetra
Kazhagam and the All- India Anna DravidaMunnetraKazhagam, National
Conference in Jammu and Kashmir, the AsomGana Parishad in Assam, and the
more recent splinter groups of the erstwhile Janata Party that have established
themselves in the different Stats.

44
Indian Constitution 4.6.1 Centre-State Relations
Problems in Centre-State relations came to the fore after non-Congress
government came to power in several States — Orissa, West Bengal, Kerala,
Punjab, Uttar Pradesh and Bihar in the late 1960s.

Financial Relations
Another contentious issue is the sharing of financial resources between the Centre
and the States and allocation of Central grants to various States. While States
have since long been demanding the allocation of larger portions, a new
proposition suggested allocation on the ‘basis of performance’.

Governor’s Rule
Yet another point of difference is the ‘imposition of Governor’s Rule on a state and his/

4.7RELATIVE FLEXIBILITY
According to several scholars, a Constitution is a living document and, hence, it has to re
When a Constitution is amended it is expected that it would bring a change for the bette

Two of the most vehemently contested aspects were: one, the authority of
Parliament to effect amendment itself to any article of the Constitution; and two,
on who holds supremacy of decision over and amendment.

While the Indian Parliament held that it was the supreme authority and had,
therefore the right to amend any article in the Constitution, its critics said it was
the Constitution that is supreme and not Parliament, whose creation Parliament
was as much any other institution. It was, in the final analysis, resolved that
Parliament is rightfully authorised to amend the Constitution, but only so long as
it did not amend the ‘basic features of the Constitution. Besides, the Supreme
Court has the power to decide whether and amendment to constitution, indeed,
were against the basic features of the Constitutions or not.
45
Check Your Progress 2 Basic Features

Note: i) Use the space given below for your answers.

ii) Check your answers with model answers given at the end of the unit.
1) Examine the Parliament's powers to amend the Constitution of India.

2)Can the Indian Parliament amend the basic structure of the Constitution?

4.8LET US SUM UP
The Indian Constitution is a successful document and it has sought to foster the best democratic tradition. The
to correct occasional anomalies, which itself is proof of its success. The Constitution incorporates federalism, g

4.9 REFERENCES
Bakshi, M.P. (1996). The Constitution ofIndia. Delhi: University law Publication.
Granvile, Aurtin (1996). The Indian Constitution: Cornerstone ofa Nation. New
Delhi: Oxford University Press.

4.10 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1
1) Article 20 guarantees fair trail and Article 21 protects an individual's life
and liberty.
46
45
Indian Constitution 2) a) The Prime Minister, Minister of Cabinet rank and Minister of State
Check Your Progress 2
1) Parliament can amend some article of the constitution with a simple majority,
but most amendments require the approval of two-thirds of the members
sitting and voting and the accent of the President. A few even require the
additional consent of at least half of state legislatures.
2) Since the Constitution and not the Parliament is supreme, the Parliament
cannot amend or alter the basic feature of the Constitution.

46
UNIT 5 FUNDAMENTAL RIGHTS^ Basic Features

Structure
5.0 Objectives
5.1 Introduction
5.2 Historical Background
5.2.1 The Commonwealth Bill of 1925
5.2.2 The Nehru Report of 1928
5.2.3 The Sapru Report of 1945
5.2.4 Sub-committee on Fundamental Rights
Salient Features of the Fundamental Rights
The Six Fundamental Rights
Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational
Right to Constitutional Remedies
The Basic Structure Doctrine
Reasonable Restrictions on Fundamental
Let Us Sum Up
References
Answers to Check Your Progress Exercise

5.0OBJECTIVES
After reading this unit, you will be able to explain.
Historical background of Fundamental Their Salient Features;
Six Important Fundamental Rights; and
Reasonable restrictions on Fundamental Rights.

5.1 INTRODUC
The preamble to Indian constitution is about the resolution of Indians (“We, the
People of India”) for securing freedom, equality, justice, security, dignity to all
citizens. These commitments have been incorporated as Fundamental Rights and
Directive Principles of the State Policy the Part III and the Part IV respectively.
The Fundamental Rights are justiciable. It means that if Fundamental Rights of
citizen or persons are violated, she/he can approach the court for their protection.
They are different from the Directive Principles of the State Policy which are
non-justiciable. It means that if state does not follow the provisions of the Directive
Principles of the State Policy, a citizen can not approach court claiming them.

*(Adopted from BPSC-102, Unit 4), Divya Rani, Consultant, Faculty ofPolitical Science, IGNOU,
New Delhi 47
Indian Constitution
5.2 HISTORICAL BACKGROUND
The notion of rights which finally came to be known as Fundamental Rights in
Indian constitution evolved from the nineteenth century. Galvine Austin opines
that the concept of Fundamental Rights was implicit in the formation of the
Indian National Congress in 1885, in which Indians wanted the same rights and
privileges that the British enjoyed in India and in England. Some of these rights
were included in the documents such as the Constitution of India Bill, 1895.
This bill sought for Indians rights such as free speech, imprisonment only by
competent authority, and free State education. In the following period, attempts
were made from quarters asking the British government to grant rights to Indian.
These demands were made in resolutions by the Indian National Congress between
1917 and 1919, in several bills and in committee reports. The Commonwealth
Bill of India Bill 1925 drafted by Annie Basent, the Nehru Report 1928, Sapru
Report of 1945, and Sub-Committee of the Constituent Assembly on Fundamental
Rights.

5.2.1 The Commonwealth of India Bill, 1925

The Commonwealth of India Bill demanded seven Fundamental Rights for
Indians. Among these rights included: individual liberty, freedom of conscience,
free expression of opinion, free assembly, and equality before law. The Bill
also had provisions for right to free elementary education, equal right to use
roads, court ofjustice and all other places of business or resort dedicated to
public.

5.2.2 The Nehru Report, 1

The printing of the Commonwealth Bill was followed by the visit of Simon
Commission in 1927, which aimed to study the possibility of introducing
constitutional reforms in India. In response to the Simon Commission, the
Congress passed a resolution to set up committee in its forty-third annual session
held at Madras for the purpose of drafting of“a Swaraj Constitution for India”. A
declaration of rights was to be the basis of this t constitution. The task to
draft the constitution was assigned to a committee. This committee came to be
known as Nehru committee after its chairman, Motilal Nehru. The Nehru report
underlined the need for securing Fundamental Rights that had been denied to
them by the colonial government. Indeed, the Fundamental Rights in the Nehru
report were reiteration of the rights mentioned in he Commonwealth Bill of
India Bill, about which you have read above. This report underlined prominently
the need to protect minority rights. The Congress party in its session in
1931 held at Karachi Resolution highlighted the need to end exploitation of
masses and to make economic freedomintertwined with the political freedom. It
suggested that suitable legislations should be made to safeguard the interests of
working classes.

5.2.3 The Sapru Report of 1945

The Sapru Committee was assigned the task of doing spadework for making
constitution for future India. The Committee consisted of thirty members. It was
known as Sapru Committee afte the name of its chairman, Tej Bahadur Sapru, an
48
eminent lawyer. The report was published in 1945. The Sapru Committee is Fundamental Rights
distinguished for making two suggestions about rights. One, it made distinction
between justiciable rights and non-justiciable rights. Two, it suggested that rights
of the minorities must be protected.

5.2.4 Sub-Committee on Fundamental Rights

The Constituent Assembly had constituted various committees to give suggestions
for inclusion in the constitution. One such committee was to give suggestions
about Fundamental Rights, Minority Rights and Tribal and Excluded Areas. It
was headed by Sardar Ballabhbhai Patel. This Committee was divided into sub-
committees. One such sub-committees was also on Fundamental Rights. The
Fundamental Right sub-committee or the Rights sub-committee as it was known
was headed by J.B. Kripalani. This committee had representation of diverse
sections of society, including women such as Amrit Kaur and Hansa Mehta. An
important decision which the Right sub-committee took was to include the
Fundamental Rights as justiciable right. The suggestions of the Rights sub-
committee were incorporated as Fundamental Rights in Part III of the Constitution
after they were discussed in the Constituent

5.3 SALIENT FEATURES OF THE FUNDAMENTAL

RIGHTS
The important features of the Fundamental Rights are:
i) ‘All are equal before the law’. It means that all citizens are equal under
They have equal the right to freedom of religion, assembly, association, and
movement. No person is to be deprived of his life, liberty, or property, except
in accordance with the law.

ii) Minorities are allowed to protect and conserve their language, script, and
culture. Fundamental Rights primarily protect individuals and minority
groups from arbitrary, prejudicial state action. Three of the articles
been designed to protect the individual against the action of other private
citizens. Article 17 abolishes untouchability; Article 15(2) lays down that
no citizen shall suffer any disability in the use of shops, restaurants, wells,
roads, and other public places on account of his religion, race, caste, sex, or
place of birth; Article 23 prohibits forced labour- which, although it
been practiced by the state, was more commonly a case of landowner versus
peasant.

iii) Various means are provided whereby the citizens can move the Supreme
Court and other courts for the enforcement of the Fundamental Rights. There
are two different mechanisms of enforcement of Fundamental Rights: first
judicial review and second writs against a public authority violating a
person’s rights. Both the remedies operate through Article 32.

iV) The Fundamental Rights are both natural as well as legal.

49
Indian Constitution
Check Your Progress Exercise 1
Note: i) Use the space below for your answers.
ii) Check your answers with the model answer given at the end of this
unit.
1) What was Commonwealth Bill of 1925?

2) What were the important features of Nehru Report and Sapru Report?

5.4 THE SIX FUNDAMENTAL GHTS

The original Constitution (1950) had seven Fundamental Rights. But after the
passage of the 44° Amendment in 1978, there are now six Fundamental Rights.
This Amendment deleted the seventh fundamental right, viz., right to property
(Art. 31) from the list of Fundamental Rights. In sub-sections below, you will
read about the six Fundamental Rights:

5.4.1 Right to
Articles 14 to 18 deal with different aspects of right to equality. Article 14 states
that the state shall not deny to any person equality before the law and equal
protection of law within the territory of India. It, thus, provides equality before
to every person without discriminating on grounds of religion, race, caste, sex or
place of birth. Articles 15, 16, 17 and 18 relate socio-economic equality.
Article 15 prohibits state from discriminating against any person on grounds
only of religion, race, caste, sex, place of birth or any of them. However,
the state can make special policies of protective discrimination for welfare of
women, children, socially and educationally backward classes, and SCs and
STs. It also prohibits discrimination or restriction to any person from access to
shops, public restaurant, hotels and places ofpublic entertainment, or use ofwells,
tanks, bathing ghats, roads and places of public restaurant which are maintained
wholly or partly out of state funds or which are dedicated to the use of
general public.

Article 16 guarantees equality of opportunity for all citizens in public employment

and prohibits ineligibility of or discrimination against, a citizen in respect
of employment or office under the state on grounds of religion, race, caste, descent,
50
place of birth, residence or any of them. However, the state may reserve offices
which relate to religious or denominated institutions for members professing the age of fourteen
concerned religions or denominated institutions. Article 17 abolishes shall be
untouchability and prohibits its practice in any form. The enforcement of any employed in the
disability arising out ofuntouchability is punishable by law. According to factory, mine or
Article 18, no title other than military and academic distinction shall be conferred hazardous
by the state. No citizen of India shall accept any title from a foreign state. No occupations.
person holding an oifice of profit or trust under the state shall accept a gift or
present or emolument or office of any kind from or under a foreign state.

5.4.2 Right to Freedom

Right to freedom are given in Articles 19 to 22. The right to freedom is not an
absolute right. It is subject to ‘reasonable restrictions’ that may be imposed by
law. The Article 19 guarantees the following rights:
i) Freedom of speech and expression: its main concern is the interests of
sovereignty and integrity of India, security of the state, friendly relations
with foreign states, public order, decency or morality or in the relation of
contempt of court, defamation or incitement to an offence;
ii) to assemble peacefully and without arms: it is qualified by the interests
security and integrity of India or public order;
iii) to form associations and unions: it is qualified by the interests of sovereignty
and integrity of India, or public or morality. It also includes “cooperative
societies” that was added by 97*Amendment in 2012;
iv) to move freely throughout the territory of India: general interests of the
public or the protection of interests of the scheduled
V) to reside and settle in any part of the territory of India; and
Vi) to practise any profession, or to carry on any occupation, trade or business:
it is qualified by professionals’ qualification needed for practising them and
the power of the state or a corporation owned or controlled by the state to
the total or partial exclusion of
The Articles 20, 21 and 22 assure personal freedom of persons. Central to them,
indeed central to all the Fundamental Rights, is the right to life and
personal liberty. In 2002, judiciary interpreted this right in a creative way. Right to
life is now seen as a right to life of dignity and fulfilment. Moreover, the
86*Amendment in 2002 further added Article 21 A to the constitution that
authorises the state to provide free and compulsory education to children
between the ages of six and fourteen in such manner that the state may
determine. Earlier it was present in the Article 45 of the directive principles of
state policy. Article 20 provides a fair trial and freedom from arbitrary
conviction by the state. No person can be convicted except for the violation
of an offence under the law prevalent at the time of the commission of the act
charged as an offence. Article 22 and its different clauses provide protection
against Arrest and Detention in certain cases.

5.4.3 Right against Exploitation

The Indian constitution guaranteed right against exploitation in Articles 23 and
24. Article 23 prohibits traffic in human beings and beggar (unpaid labour) and
other similar forms of forced labour. According to Article 24, no child below the
Fundamental Rights

51
Indian Constitution
5.4.4 Right to Freedom of Religion
Article 25 entitles all persons equally to freedom of conscience and right to freely
profess, practice and propagate religion. But the freedoms are subject to public
order, morality and health, and to other provisions of part III of the constitution.
Nothing in this article shall affect the operation of any existing law or prevent
the state from making a law-
a) regulating or restricting any economic, financial, political or other secular
activity which may be associated with religious practice;
b) providing for social welfare and reform or throwing of Hindu religious
institutions of a public character to all classes and sections of the Hindus.
Freedom of conscience is strengthened by two articles, i.e., Articles 27 and 28.
Article 27 provides that no person shall be compelled to pay any taxes, the
proceeds of which are specifically appropriated in payment of expenses for the
promotion or maintenance of any particular religion or religious domination.
Article 28 prohibits religious instructions in any educational institution wholly
maintained by state funds unless such an institution, even though administrated
by state, has been set up under and endowment trust which requires that
religious instructions be imparted in them.

5.4.5 Cultural and Educational Rights

Articles 29 and 30 are about cultural and educational rights. Article 29 grants
any section of the citizens residing in the territory of India or any part of it,
possessing a distinct language, script or culture of its own, right to conserve it.
No citizen shall be denied admission into an nal institution maintained
by the state or receiving aid out of state funds on the basis of religion, race, caste,
language or any of them. According to the Article 30, all minorities, whether
based on religion or language, have the right to establish and administer
educational institutions of their choice.

5.4.6 Right to Constitutional

According to Article 32, the Indian Constitution has certain provisions which
give powers to the courts to enforce Fundamental Rights. The devices through
which the courts protect Fundamental Rights are known as writs or judicial
processes. These writs or judicial process are: habeas corpus, mandamus,
prohibition, quo warranto and certiorari. The Court may issue directions
or orders or writs to enforce Fundamental Rights. The meanings of the writs are
mentioned below:

Habeas corpus: It means “to have the body”. This write protects the righ to life
and personal liberty (Article 21). It can be issued by the courts to any authority
which has detained a person without trial to produce him to the court for trial. It
challenges the executive if it has detained anyone against the authority of law. It
can also challenge a law under which the detention has been made if that law is
unconstitutional. The court can free a persons if she/he is detained illegally.
Disobedience to this writ is met with punishment for contempt of court.

Mandamus: Mandamus means a command. It is an order issued to an authority

52
or a person to
do the duty
mandated to it
by law which
it has refused
to perform.

53
Mandamus is not granted against the President, Governor of the state, the high Fundamental Rights
court or supreme court judges. It is not issued against a private individual
or body.

Prohibition: It is a writ issued by a higher court — the Supreme Court or a high

court to an inferior court. It prohibits the latter from continuing proceedings to
hear a case which is beyond the jurisdiction.

Certiorari: By this writ the Supreme Court, and the High Courts may call for the
record of a case from a lower court or semi-judicial body on an allegation of an
excess ofjurisdiction.

Quo Warranto: by this writ the court asks a person or body of persons
under which authority it is in a public office created by the constitution or a
statute.
5.5THE BASIC STRUCTURE DOCTORINE
According to the Basic Structure Doctrine, the Parliament can not change through amendments the basic featu
Check Your Progress Exercise 2
Note: i)Use the space below for your answers.

ii) Check your answers with the model answers given at the end of this
unit.
1) What are the six parts of Fundamental Rights?

54
Indian Constitution 2) What is Basic Structure Doctrine?

5.6 REASONABLE RESTRICTIONS ON

FUNDAMENTAL RIGHTS
Indian constitution has provided a safety net to all sections and groups through
various articles especially regarding Fundamental Rights of the citizens and the
persons. However, the Fundamental Rights are not absolute. There are subject to
reasonable restriction. The state can put restrictions on right to freedom for
protection of sovereignty and security of the country; for maintenance of public
order by imposing curfew and morality; and for maintaining friendly relations
with other countries. The state can also put ble restrinction of right to
equality by devsing welfare policies for marginalised sections of society such as
women, children, socially and educationally backward classes, Scheduled Castes
and Scheduled Tribes.

Article 33 empowers Parliament the power to restrict or abrogate the application

of Fundamental rights in relation to armed forces or the forces, police, etc. This
article is meant to instil discipline among the forces whose duties are related to
maintenance of public order and sensitive subjects. According to Article 32, a
person has fundamental right to approach the Supreme court but not the high
court to seek constitutional remedies for enforcement of Fundamental Rights.
High Court may decline to hear a petition seeking constitutional remedies.

5.7 LET US SUM

Fundamental Rights are given in Part III of the Constitution. They are essential
conditions for development of human beings. They provide freedom, equality,
security and dignity to all persons and citizens without discriminating on grounds
of religion, race, case, gender, place of origin, descent. They are justiciable. Their
violation can be challenged in the court of law. India, realization to have
Fundamental Rights which finally were included in the Constitution grew from
the nineteenth century. As per the Basic Structure Doctrine, the Fundamental
Rights represent basic structure of the constitution. They cannot be amended.
The courts can enforce the Fundamental Rights with the devices known as writs.

5.8 REFERENCES
Basu, Das Durga(2004). Introduction to the Constitution ofIndia. Nagpur: Lexis
Nexis Butterworths Wardha.

Chaube, Kinkar Shibani (2009). The Making and Working of the Indian
Constitution. New Delhi: National Book Trust.
55
Granville, Austin (2012). The Indian Constitution Cornerstone ofa Nation, New Fundamental Rights
Delhi: Oxford University Press: New Delhi.

Khosla, Madhav (2012), Oxford India Short Introductions: The Indian

Constitution, New Delhi: Oxford University Press.

Sarkar, Sumit (1983), Modern India 1885-1947, New Delhi: MacMillan.

5.9 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress Exercise 1

1) The Commonwealth Bill of 1925 laid down that individual liberty, freedom
of conscience, free expression of opinion, free assembly, and equality before
the law was to be ensured. The Bill also demanded right to free elementary
education, equal right to use roads, court of justice and all other places of
business or resort dedicated to public.

2) Nehru Report was a report prepared by a committee headed by Motilal

in 1928. It was assigned the task of preparing draft of a constitution of
India. The committee emphasized the need for securing Fundamental Rights
to Indians including the minority rights. The Sapru Report made two
important suggestions: to make distinction between justiciable rights and
non-justiciable rights, and to ensure the minorities’ rights.

Check Your Progress Exercise

1) The six parts of Fundamental Rights are: the right to equality, the right to
freedom, the right against exploitation, the right to freedom of religion,
cultural and educational rights and the rights to constitutional remedies.

2) The Basic Structure Doctrine denotes that basic structure of the constitution,
which includes among some other provisions, the Fundamental Right. It
was propounded in Keshavanand Bharati case in 1973

56
Indian Constitution
UNIT 6 DIRECTIVE PRINCIPLES OF STATE
POLICY AND FUNDAMENTAL
DUTIES^
Structure
6.0 Objectives
6.1 Introduction
6.2 Genesis of Directive Principles of State Policy and Fundamental Duties
6.2.1 Evolution of Fundamental Duties
6.3 Fundamental Duties of Indian Citizens
6.4 Amendments to the Directive Principles of State Policy and Fundamental
Duties
6.5 Execution of Directive Principles of State Policy and Fundamental Duties
6.6 Limitations of the Directive Principles of State Policy and Fundamental

6.7 Let Us Sum Up

6.8 References
6.9 Answers to Check Your Progress Exercises

6.0 OBJECTIVE
This Unit deals with the Directive Principles of the State Policy and Fundamental
Duties. It explains the genesis, characteristics, and limitations of the Directive
Principles of State Policy and Fundamental Duties outlined in the Constitution.
After reading this unit, you will be able to:
Understand Directive Principles of State Policy and Fundamental Duties
ExplainAmendments to Directive Principles of State Policy and Fundamental
Duties;
Limitation of Directive Principles of State Policy and Fundamental Duties

6.1 INTRODUCTION
In unit 5, you have read justiciable rights, i.e. Fundamental Rights. In this unit,
you will read non-justiciable rights, i.e. Directive Principles of State Policies
and about Fundamental Duties. Directive Principles are the directions given by
the constitution to the state for the welfare of citizens of India. The
Directive Principles of State Policy are mentioned in Articles 36-51, Part
IV of the Constitution. Their main purpose is to achive social and economic
development of all sections of the society, aiming to set up an egaliterian
society. In Granville Austin’s views, Directive Princples of State Policy have been
helful in achieving the constitutional goals of social, economic and political
justice to all. On the other hand, Indian constitution contains not only positive
laws but also describes some duties of state as well as citizens. These duties are
incorporated in the Part

56 57
*Divya Rani,
Consultant,
Faculty of Political
Science, IGNOU
IV A of the constitution, which was added by the 42 n‘ amendment in 1976 and Directive Principles of State
further expanded by the 86° amendment in 2002. Policy and Fundamental
Duties

6.2 GENESIS OF DIRECTIVE PRINCIPLES OF

STATE POLICY AND FUNDAMENTAL DUTIES
As you have read in unit 5, the Fundamental Rights were incorporated in
the Constitution according to the suggestions of Rights Sub-committee of
the Constituent Assembly. Apart from giving suggestions on the Fundamental
Rights, this Sub-committee gave suggestions on Directive Principles of State
Policy. Indeed, there has been a debate in the Constituent Assembly whether
the rights should be divided into two parts —justiciable and non-justiciable or
Fundamental Rights and Directive Principles of State Policy. They provide
directives or instructions to the state to introduce policies about the welfare of
different sections of the society. Granville states that four members played decisive
role in framing Directive Principles of State Policy — B.N. Rau, A.K. Ayyar, B.R.
Ambedkar and
K.T. Shah. Among them B.N. Rau was “the most influential”.

The origin of Directive Principles of State Policy can be traced to Karachi

Resolution, and socialist and nationalist ideas which were prevalent from
1920s in India. As you have read in unit 5, Sapru Committee suggested that
rights should be divided between two parts — justiciable and non-justiciable.
Even the Right Sub-Committee made these suggestions. At the time of discussion
on Directive Principles of State Policy in India, the inclusion of provisions about
the state’s role in social and economic development of society was not an
exception to India. In the opinion of Granville Austin, they attracted “a
range ofAssembly members”. Hindu outlook and Gandhian ideas also influenced
the decision to include provisions of social, economic and political development
of people. After serious deliberations, the Constituent Assembly included
Directive Principles of State Policy in Part IV in the Constitution. A list of
Directive Principles of State Policy is given below.

Directive Principles of State Policy — Part IV

secure a social order for the promotion of welfare of

57
Indian Constitution

48 A. Protection and improvement of environment

of forests and wildlife
49. Protection of monuments and places
importance
50. Separation of Judiciary from Executive
D

Durga Das Basu classifies the Directive Principles of State Policy into three
groups. First, certain ideals, which the members of the Constituent Assembly
expected the state to achieve. These ideals especially, were economic. Second,
certain directions to the Legislatures and the Executive which they were expected
to follow for exercising exercise their legislative and executive powers. Third,
certain rights of the citizens were not be enforceable by the Courts like the
Fundamental Rights, but which could be implemented by the state through it
legislative and administrative policies.

Apart from the articles mentioned in Part IV of the constitution, there are some
other articles in the constitution which enjoin on the state to make certain policies
for people and non-justiciable in nature. Such articles are Articles 335, 350A and
351. According to Article 335 the claims of the members of the Scheduled Castes
and the Scheduled Tribes shall be taken into consideration, consistently with the
maintenance of efficiency of administration, in the making of appointments to
services and posts in connection with affairs of the Union of a State. Article 350
A suggests that every state and every local within state will provide
adequate facilities for instruction in the mother-tongue at the primary stage of
education to children belonging to linguistic minority groups. Article 351 enjoins
the Union to promote the spread of Hindi language and to develop it so that it
may serve as a medium of expression of all elements of the composite culture of
India.

6.2.1 Evolution of Fundamental Duties

When the constitution was adopted, there was no provision on Fundamental
Duties. It was incorporated into the constitution in the late 1970s. However,
Article 33 provided for some Fundamental Duties mainly for armed forces and
police as they were supposed to maintain discipline and perform their duties.
The 42nd Amendment of 1976 has introduced Fundamental Duties in the
58
Constitution.According to this amendment, the people (including police personnel Directive Principles of State
and armed forces) were expected to perform certain Fundamental Duties. The Policy and Fundamental
Duties
42nd Constitutional Amendment was made according to the recommendations of
the Swaran Singh Committee Report. The Swaran Singh Committee was set up
in 1976 by Indira Gandhi Government. Sardar Swaran Singh was the Chairman
of the Committee. The Committee had recommended to include a new part in
the Constitution of India on the Fundamental Duties of the Indian citizen. Based
on the recommendations of the committee, government brought some changes
to the constitution through 42nd amendment of the constitution and that came
into effect on 3 January, 1977. These duties are further expanded in the 86"
Constitutional Amendment in 2002. The Fundamental Duties are enshrined in
Article-5lA have similarity with Article 29(1) of the Universal Declaration of
Human Rights which states “everyone has duties to the community in which
alone the free and full development of his personality is possible”. There are 11
Fundamental Duties of the citizens of India which have been discussed in the
following section.

6.3 FUNDAMENTAL DUTIES OF INDIAN

CITIZENS
Article 51 A of Part IVA has listed the following Fundamental Duties of Indian
Citizens:

a) To abide by the constitution and respect its ideals and institutions, national
flag and the national anthem;

b) To cherish and follow the noble ideals which inspired our national
for freedom;

c) To uphold and protect the sovereignty, unity and integrity of India;

d) To defend the country and render national service when called upon to
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;

To preserve and value the rich heritage of our composite

g) To protect and improve the natural environment including forests, lakes,

rivers and wildlife, and to have compassion for living creatures;

h) To develop the scientific temper, humanism and spirit of inquiry and reform;

i) To safeguard public property and abjure violence;

j) To strive towards excellence in all spheres of individual and collective

activity so that the nation constantly rises to higher levels of endeavour and
achievement;

k) To provide opportunities by a parent or guardian for education to his/her

child or, as the case may be, to the ward between the age of six to fourteen
years.
 59

60
Indian Constitution
6.4 AMENDMENTS TO DIRECTIVE PRINCIPLES
OF STATE POLICY AND FUNDAMENTAL
DUTIES
Some new clauses were added through constitutional amendments to the existent
articles in the Directive Policy. These amendments made the list of articles about
Directive Principles of State Policy more inclusive of social welfare. The 42 nd
Amendment Act of 1976 added four new subjects that required the State to secure
healthy development of children (Article 39), to promote equal justice and to
provide free legal aid to the poor(Article 39 A), to secure participation of workers
in the management of industries (Article 43 A), to protect the environment, forests
and wildlife (Article 48 A). The 44* Amendment Act of 1978 added the Article
38 that required the State to minimize inequalities in income, status, facilities
and opportunities. The 86* Amendment Act of 2002 brought changes in both
DPSP and Fundamental Duties. In DPSP, it modified the content of Article 45
which required the State to provide early childhood care and education for all
children until they complete the age of 6 years and was directed in making
education a fundamental right under Article 21 A. In Fundamntal Duties, it made
parents or guardians of children from 6-14 years of ge to provide education to
them. The 97* Amendment Act of 2011 added Article 43 B in DPSP, which
required the State to promote voluntary formation, autonomous functioning,
democratic control and professional management of co-operative societies.
Check Your Progress Exercises 1
Note: i) Use the space below for your
ii) Check your answers with model answers given at the end of the unit.
1) What are the Fundamental Duties of the citizens of India?

2) Trace the origin of Directive Principles of State Policy.

60
 Directive Principles of State
6.5 EXECUTION OF DIRECTIVE PRINCIPLES OF Policy and Fundamental
Duties
STATE POLICY AND FUNDAMENTAL DUTIES
Since Independence, various central state and governments in India have enacted
several acts, launched schemes and programmes, and set up commissions
according to Directive Principles of State Policy. The Planning Commission
(which has been abolished and replaced by Niti Aayog) through its Five-Year
Plans aimed to bring about social and economic equity and justice. Introduction
of land reforms in several states which included as Zamindari Abolition, tenancy
reforms, ceilings on land holdings, cooperative farming reduced inequalities in
agrarian rural society. The governments introduced several measures to help the
underprivileged sections. Such measures included acts to protect the interests of
the poor: ensuring minimum wages to workers, protecting contract workers,
providing free legal aid to the poor, abolition of child labour, abolition of bonded
labour, resolution of industrial disputes, etc. For helping women these measures
included: acts about maternity benefits and equal remuneration was enacted to
protect the interests of women. The government passed acts for protection of
wildlife and conservation of forest and set up central and state pollution boards
to protect environment. The government set up Khadi and Village
Board, Handlooms and Handicrafts Boards to develop cottage industries. It
enacted laws for protection of ancient and historical monuments and
archaeological sites and remains, and places of national importance. To protect
the interests of Reservation of seats for SCs, STs and OBCs. Reservations have
been given to them in government jobs and political institutions government and
representative, and enacted laws for protection of civil rights and for prevention
their social exploitation. Establishment of village panchayats and
for weaker sections in them has empowered them. Programmes such as
Community Development Programme, Hill Area Development Programme,
Minimum Needs Programme, IRDP (Integrated Rural Development
Programmes), MGNREGA (Mahatma Gandhi National Rural Employment
Guarantee Act) and NRHM (National Rural Health Mission), etc. have resulted
in social and economic inclusion of people. For executing DPSP efficiently central
and state governments have made several acts. There are many
made by Verma committee to make Fundamental Duties effective. This committee
was established under the chairmanship of Justice J S Verma which is famously
known as Fundamental Duties of the Citizens Committee (1999). This committee
was a response to a notice issued by Supreme Court of India to the Government
of India regarding its plan to teach Duties to the citizen of the country. The
Verma Committee made the following recommendations:

a) Fundamental Duties will raise standards of the citizen in public life.

Therefore, every individual entity should obey and promote these duties.

b) Public office holders should avoid selfishness or nepotism. Their foremost

priority must be to serve public interests rather than individual interests.

c) Integrity will be the main principle in the functioning of the public office.

d) Holders of public office must be accountable for their decisions and actions
to the public.

61
Indian Constitution e) They should be as open as possible about all the decisions and actions were
taken by them.

f) Public officials will maintain honesty while in office.

g) Leadership is very important in the sense that holders ofpublic office should
promote these principles by leadership skill and set an example.

For strengthening the Fundamental Duties, the Verma Committee had identified
few existing acts by which a proper implementation of such duties can be
accomplished. These are: the Representation of People Act(1951); The Unlawful
Activities Protection Act (1967); The Protection of Civil Rights Act (1955) in
which the person who preach and practice untouchability must be punished in
accordance with the act; the Wildlife Protection Act (1972); The Prevention of
Insults to National Honour Act (1971); and the Forest Conservation Act (1980).

Ensuring the effective fulfilment of duties, the Supreme Court of India has issued
directions to governments to create encouraging environment and the apex court,
directed Central Government in August 2003 to implement the recommendations
of the National Commission to Review the Working of the Constitution (2000)
and Verma Committee (1

6.6 LIMITATIONS OF DIRECTIVE PRINCIPLES

OF STATE POLICY AND FUNDAMENTAL
DUTIES
The main limitation of Directive Principles of Policy is that state is not
legally bound to implement them. This is despite the fact that the state has moral
duty to implement them. Exemption of Directiev Principles from being justiciable
may make the state vulnerable to the pressure of politically and econmically
infleuntial groups in the society. Some members of the Constituent Assembly
underlined the limitations, especially regarding their being non-justiciable.
K.T.Shah commented that the limitation would make Directive Principles of State
Policy ‘pious wishes’. T.T. Krishnamachari described hem as “a veritable dustbin
of sentiment”. K.Santhanam, member of the Constituent Assembly, asserted that
the Directives could lead to constitutional conflicts between the Centre and States,
Prime Minister and President, Governor and Chief Minister in terms of direction,
guidance, legislation, assent, enforcement with regard to the problem of non-
compliance and discretion. Fundamental Duties are non-enforceable and non-
justiciable like DPSP and these constraints have limited the duties as no citizen
can be punished by a court for their violation. In this aspect both DPSP and
Fundamental Duties are same in nature. This characteristic of Duties differentiates
India’s Fundamnetal Duties from the other countries’ Duties. In USSR,
Yugoslavia, Republic of China, Poland, Czechoslovakia, Netherland, Japan,
Democractic Republic of Vietnam and Albania, Fundamental Duties are legally
enforceable. Fundamental Duties have ethical, social and economic significance.
It is important for every citizen to perform his/her Duties to claim their Rights.
The consciousness and realization to fulfil Fundamental duties have increased in
Indian in past some decades. The court and civil society organizations, political
parties and governments have also underlined the significance of Fundamentals
Duties for overall development of society.
62
 Directive Principles of State
6.7 LET US SUM UP Policy and Fundamental
Duties
Directive Principles of State Policy are provisions which give direction or
instructions to the state to enact policies for social, economic and political
empowerment of people and Fundamental Duties assign duties to the citizen that
help them to grow morally and ethically. They seek to establish an egalitarian
society. Both are different from Fundamental Rights in the sense they are non-
justiciable while the Fundamental Rights are justiciable. It is state’s duty to take
care of Citizen’s duties. Rights can be protected if every citizen adheres to their
Fundamental Duties. However, despite being non-justiciable DPSP and
Fundamental Duties both play a very important role in safeguarding the
constitutional values.

Check Your Progress Exercises 2

Note: i)Use the space below for your answers.
ii) Check your answers with model answers given at the end of the unit.
1)What are the limitations of the Directive Principles of the State Policy Fundamental Duties?

6.8REFERENCES
Basu, D.D. (2011). Introduction to the Constitution ofIndia, (20° ed.). Nagpur: Lexis Nexis Butterworths Wardh
Chagla, M.C.P.B. Mukharji & Others (1977). Constitutional Amendments- Study. Calcutta: Rupak Publishers.
Chaube, K. S. (2009). The Making and Working of the Indian Constitution. New Delhi: National Book Trust
Granvile, Austine (2012). The Indian Constitution: Cornerstone of a

(17° ed.). New Delhi: Oxford University Press.

Laxmikanth, M (2013). Indian Polity. New Delhi: McGraw Hill Education.

6.9 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress Exercise 1

1. Article 51 Aof Part IVA has listed 11 Fundamental Duties of Indian Citizens
that has given in subsection 6.3.

63
Indian Constitution 2) Trace of Directive Principles of State Policy first appeared in Karachi
resolution of the Congress in 1931 and can be linked to general atmosphere
prevailing since the 1920s where ideas of socialism became popular, and to
Hindu outlook and Gandhian principles. Sapru Report also made suggestions
to distinguish between justiciable and non-justiciable rights. These
suggestions were also made by the Rights sub-committee of the Constituent
Assembly. They were finally accepted by the Constituent Assembly and
incorporated in Part IV of the Constitution.

Check Your Exercise 2

1) Directive Principles of State Policy and Fundamental Duties are not legally
binding on the state and citizens, though it is the moral duty of the state to
implement them. The state can be vulnerable to public pressure to implement
DPSP or to not implement

64