UNIT 13 INDIAN CONSTITUTION AND

DEMOCRATIC POLITICS

Structure
13.1 Introduction
13.2 Objectives
13.3 The Indian Constitution
13.3.1 Values Enshrined in Indian Constitution: The Vision
13.4 Directive Principles
13.4.1 Classification of Directive Principles
13.5 Fundamental Rights
13.5.1 Restrictions on Fundamental Rights
13.5.2 Difference between Fundamental Rights and Directive Principles
13.6 Fundamental Duties
13.7 Let Us Sum Up
13.8 References and Suggested Readings
13.9 Answers to Check Your Progress Questions

13.1 INTRODUCTION
You must have read about the Indian constitution. This unit will acquaint you
with details about the Constitution of India along with the fundamental rights,
duties and directive principles as enshrined in it. The Part III of the Indian
Constitution provides six fundamental rights which are guaranteed to all Indian
citizens. These rights are basic in the sense that without these, no one can live in
a democratic manner.. Democracy cannot work if the people do not have these
rights. By providing fundamental rights and remedies against their infringement,
the Constitution of India prevents the government from becoming despotic. In
addition, this unit will introduce you to fundamental duties. These duties are
enshrined in Part IV of the Constitution. These are some responsibilities or
obligations of the citizens to perform for peace and prosperity of our country. It
is very important that we need to be aware not only of our rights but also our
duties so as to achieve the goals of national development. The teacher has a
crucial and vital role in this context. As a prospective teacher, you must know
and understand the ways and means of acquainting the school students with the
essential components and dimensions of the Indian Constitution. The present
unit will throw light on different teaching-learning strategies, activities and
assessment procedures that can be implemented for making students aware of
the Indian Constitution and its various aspects.

13.2 OBJECTIVES
After going through this unit, you will be able to:
• explain the values enshrined in the Indian Constitution;
• classify Directive Principles of State Policy mentioned in the Indian
Constitution; 65
 • describe Fundamental Rights guaranteed by the Indian Constitution;
• differentiate between Fundamental Rights and Directive Principles
• enumerate fundamental duties as enlisted in the Indian Constitution;
• formulate learning objectives for the contents of the unit;
• organize suitable teaching-learning activities to teach the contents; and
• prepare assessment questions to evaluate students’ performance.

13.3 THE INDIAN CONSTITUTION

The document containing laws and rules which determine and describe the form
of the government, the relationship between the citizens and the government, is
called a Constitution. A constitution is the basic fundamental law of a State. It
lays down the objectives of the State which it has to achieve. It also provides for
the constitutional framework that is, various structures and organs of the
governments at different levels. In addition, it describes the rights and duties of
the citizens. It is, therefore, considered to be the basis for the governance of the
country both in terms of goals and objectives as also their structures and functions.

The Constitution of India is a historic socio-legal document embracing the

aspirations of the people belonging to a multifaceted heterogeneous society. The
Indian Constituion’s commitment to structures informed by justice, liberty and
dignity of the indicidual are reflected in the Preamble. The Preamble says:

“WE, THE PEOPLE OF INDIA, have solemnly resolved to constitute India into
a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of
thought, expression, belief, faith and worship; EQUALITY of status and of
opportunity; and to promote among them all FRATERNITY assuring the dignity
of the individual and the unity and integrity of the Nation; IN OUR
CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do
HERE BY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.”

The Preamble, in brief, explains the objectives of the Constitution in two ways:
one, about the structure of the governance and the other, about the ideals to be
achieved in independent India. It is because of this, the Preamble is considered
to be the key of the Constitution.

13.3.1 Values Enshrined in Indian Constitution: The Vision

The Constitution of any country serves several purposes. It lays down certain
ideals that form the basis of the kind of society that we 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 values that constitute its spirit and are expressed in various
articles and provisions. The vision of the Indian Constitution is clearly reflected
66 in its Preamble. This vision reflects the values enshrined in our Indian
Constitution. But do you know what is the meaning of the word, ‘value’? You
may immediately say that truth, non-violence, peace, cooperation, honesty, respect
and kindness are values, and you may continue to count many such values. In
fact, in a layman’s understanding, value is that which is very essential or ‘worth
having and observing’ for the existence of human society as an entity. The Indian
Constitution contains all such values, the values that are the universal, human
and democratic. The values expressed in the Preamble are expressed as objectives
of the Constitution. These are: sovereignty, socialism, secularism, democracy,
republican character of Indian State, justice, equity, liberty, equality, fraternity,
human dignity and the unity and integrity of the nation. A brief description of the
values enshrined in our Constitution is provided here:

i) Sovereignty: As we saw, the Preamble. declares India “a sovereign socialist

secular democratic republic”. Being sovereign means having complete
political freedom and being the supreme authority. It implies that India is
internally all powerful and externally free. It is free to determine for itself
without any external interference (either by any country or individual) and
nobody is there within to challenge its authority. This feature of sovereignty
gives us the dignity of existence as a nation in the international community.
Though the Constitution does not specify where the sovereign authority
lies but a mention of ‘We the People of India’ in the Preamble clearly indicates
that sovereignty rests with the people of India. This means that the
constitutional authorities and organs of government derive their power only
from the people.

ii) Socialism: The word socialist was not there in the Preamble of the
Constitution in its original form. In 1976, the 42nd Amendment to the
Constitution incorporated ‘Socialist’ and ‘Secular’, in the Preamble. The
word ‘Socialism’ had been used in the context of economic planning. It
signifies major role in the economy. It also means commitment to attain
ideals like removal of inequalities, provision of minimum basic necessities
to all, equal pay for equal work.

iii) Secularism: In the context of secularism in India, it is said that ‘India is

neither religious, nor irreligious nor anti-religious.’ Now what does this
imply? It implies that in India there will be no ‘State’ religion – the ‘State’
will not support any particular religion out of public funds. This has two
implications, a) every individual is free to believe in, and practice, any
religion he/ she belongs to, and, b) State will not discriminate against any
individual or group on the basis of religion.

iv) Democratic Republic: The Preamble reflects democracy as a value. As a

form of government, it derives its authority from the will of the people. The
people elect the rulers of the country and the elected representatives remain
accountable to the people. The people of India elect them to be part of the
government at different levels by a system of universal adult franchise,
popularly known as ‘one man one vote’. Democracy contributes to stability,
continuous progress in the society and it secures peaceful political change.
It allows dissent and encourages tolerance. And more importantly, it is based
on the principles of rule of law, inalienable rights of citizens, independence
of judiciary, free and fair elections and freedom of the press. Democracy is
generally known as government of the people, by the people and for the
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 people. The Preamble also declares India as a Republic. It means that the
head of the State is elected and he/she is not a hereditary ruler as in case of
the British Monarch. This value strengthens and substantiates democracy
where every citizen of India is equally eligible to be elected as the Head of
the State. Political equality is the chief message of this provision.

v) Justice: Justice promises to give people what they are entitled to in terms
of basic rights to food, clothing, housing, participation in the decision making
and living with dignity as human beings. The Preamble covers all these
dimensions of justice – social, economic and political. “Social justice” has
been defined in a variety of ways. Amongst them, they incorporate concepts
of basic rights, the realisation of human potential, social benefit, an equitable
distribution of resources, equal opportunities and obligations, security, and
freedom from discrimination. Social justice means equal rights for all,
regardless of gender, race, class, ethnicity, citizenship, religion, age or sexual
orientation. It implies equal rights for women and girls in workplaces, homes
and public life. It implies economic justice – which means governments
must take active steps to alleviate poverty and redress past injustices.
Economic justice really forms a part of social justice. It seeks the equitable
distribution of natural and intellectual wealth so that everyone is able to
gain a fair share.

vi) Equity: Equity derives its spirit from the concept of social justice. It
represents a belief that there are some things which people should have,
that there are basic needs that should be fulfilled, that burdens and rewards
should not be spread too divergently across the community, and that policy
should be directed with impartiality, fairness and justice towards these ends.
It is generally agreed that equity implies a need for fairness (not necessarily
equality) in the distribution of gains and losses, and the entitlement of
everyone to an acceptable quality and standard of living. The Universal
Declaration of Human Rights, 1948 states that the ‘recognition of the inherent
dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world’. Social
equity refers to a set of standards which apply to our personal and social
relationships with other individuals and/or groups. These standards consist
of a bundle of rights and duties which apply to members of certain “deprived
or disadvantaged sections” in society. These disadvantaged sections are
defined by the Constitution and classified on the basis of caste, religion,
creed, gender (sex), age and disability. These groups have been designated
as deprived or disadvantaged because of certain injustices which have
occurred against the members of these groups in the past and present. Social
equity is the means used to help to redress these injuries. The term also
covers the protection of certain fundamental rights which we all enjoy as
citizens of a free society.

vii) Equality: Equality is considered to be the essence of modern democratic

ideology. The Constitution makers placed the ideals of equality in a place of
pride in the Preamble. All kinds of inequality based on the concept of rulers
and the ruled or on the basis of caste and gender, were to be eliminated. All
citizens of India should be treated equally and extended equal protection of
law without any discrimination based on caste, creed, birth, religion, sex
etc. Similarly equality of opportunities implies that regardless of the socio-
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 economic situations into which one is born, he/she will have the same chance
as everybody else to develop his/her talents and choose means of livelihood.

viii) Liberty: The Preamble prescribes liberty of thought, expression, belief,

faith and worship as one of the core values. These have to be assured to
every member of all the communities. It has been done so, because the
ideals of democracy cannot be attained without the presence of certain
minimal rights which are essential for a free and civilized existence of
individuals. Though freedom from want has not been guaranteed in the
fundamental rights, certain directives to the State have been mentioned in
the Directive Principles.

ix) Fraternity: There is also a commitment made in the Preamble to promote

the value of fraternity that stands for the spirit of common brotherhood
among all the people of India. In the absence of fraternity, a plural society
like India stands divided. Therefore, to give meaning to all the ideals like
justice, liberty and equality, the Preamble lays great emphasis on fraternity.
In fact, fraternity can be realized not only by abolishing untouchability
amongst different sects of the community, but also by abolishing all
communal or sectarian or even local discriminatory feelings which stand in
the way of unity of India.

x) Dignity of the Individual: Promotion of fraternity is essential to realize

the dignity of the individual. It is essential to secure the dignity of every
individual without which democracy cannot function. It ensures equal
participation of every individual in all the processes of democratic
governance.

xi) Unity and Integrity of the Nation: As we have seen above, fraternity also
promotes one of the critical values, i.e. unity and integrity of the nation. To
maintain the independence of the country intact, the unity and integrity of
the nation is very essential. Therefore, the stress has been given on fostering
unity amongst all the inhabitants of the country. Our Constitution expects
from all the citizens of India to uphold and protect the unity and integrity of
India as a matter of duty.

xii) International Peace and a just International Order: The value of

international peace and a just international order, though not included in the
Preamble is reflected in other provisions of the Constitution. The Indian
Constitution directs the state (a) to promote international peace and security,
(b) maintain just and honourable relations between nations, (c) foster respect
for international law and treaty obligations, and (d) encourage settlement of
international disputes. To uphold and observe these values is in the interest
of India. The peace and just international order will definitely contribute to
the development of India.

xiii) Fundamental Duties: Our Constitution prescribes some duties to be

performed by the citizens. It is true that these duties are not enforceable in
the court of law like the fundamental rights are, but these duties are to be
performed by citizens. Fundamental duties have still greater importance
because these reflect certain basic values like patriotism, nationalism,
humanism, environmentalism, harmonious living, gender equality, scientific
temper and inquiry, and individual and collective excellence. 69
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4) The Directive Principles are justiciable and can be implemented
through law. True / False

13.5 FUNDAMENTAL RIGHTS

Every human being is entitled to enjoy certain rights which ensure good living.
In a democracy, all citizens enjoy equal rights. The Constitution of India guarantees
those rights in the form of fundamental rights. These rights ensure the fullest
physical, mental and moral development of every citizen. They include those
basic freedoms and conditions which alone can make life worth living.
Fundamental rights generate a feeling of security amongst the minorities in the
country. They establish the framework of ‘democratic legitimacy’ for the rule of
the majority. No democracy can function in the absence of basic rights such as
freedom of speech and expression. Fundamental rights provide standards of
conduct, citizenship, justice and fair play. They serve as a check on the
government. In our Constitution, fundamental rights are enumerated in Part III
from Article 14 to 32. These rights are justiciable. Our Constitution does not
permit the legislature and the executive to curb these rights either by law or by
an executive order. The Supreme Court or the High Courts can set aside any law
that is found to be infringing or abridging the fundamental rights. The fundamental
rights though justiciable are not absolute. The Constitution empowers the
government to impose certain restrictions on the enjoyment of our rights in the
interest of public good. Seven fundamental rights were enshrined in the
Constitution of India. However, the Right to Property was removed from the list
of fundamental rights by the 44th amendment in the Constitution in the year
1976. Since then, it has been made a legal right. There are now six fundamental
rights. The fundamental rights are:
1) Right to Equality
2) Right to Freedom
3) Right against Exploitation
4) Right to Freedom of Religion
5) Cultural and Educational Rights
6) Right to Constitutional Remedies.
Recently, by the 86th Amendment Act, the Right to Education has been included
in the list of fundamental rights as part of the Right to Freedom by adding Article
21(A).

1) Right to Equality
Right to Equality means that all citizens enjoy equal privileges and
opportunities. It protects the citizens against any discrimination by the State
72 on the basis of religion, caste, race, sex, or place of birth. It provides for
 equality before law, end of discrimination, equality of opportunity, abolition
of untouchability and abolition of titles. ‘Equality before law’ means that
no person is above law and all are equal before law, every individual has
equal access to the courts. However, the State is empowered to make special
provisions for women, children and for the uplift of Scheduled Castes,
Scheduled Tribes and other backward classes (OBC’s). The State can reserve
seats for these categories in educational institutions, grant fee concessions
or arrange special coaching classes. There shall be no discrimination on the
basis of religion, race, caste, sex, place of birth or residence in matters relating
to employment in public services. The Constitution abolishes untouchability
and its practice in any form is forbidden. All titles national or foreign which
create artificial distinctions in social status amongst the people have been
abolished. This provision has been included in the Constitution to do away
with the titles like ‘Rai Sahib’, ‘Rai Bahadur’ which were conferred by the
British on a few Indians as a reward for their effective cooperation to the
colonial regime. The practice of conferring titles like this is against the
doctrine of equality before law. To recognize the meritorious service rendered
by individual citizens to the country or mankind, the President of India can
confer civil and military awards on those individuals for their services and
achievements such as; Bharat Ratna, Padma Vibhushan, Padam Sri, Param
Veer Chakra, Veer Chakra, etc., but these cannot be used as ‘titles’.

2) Right to Freedom:
Freedom is the basic characteristic of a true democracy. Our Constitution
guarantees to the citizens of India a set of six freedoms described as the
“Right to Freedom” - freedom of speech and expression, freedom to form
associations, freedom to assemble peaceably without arms, freedom to move
freely in India, freedom of residence in any part, and freedom of adopting
any profession or trade or occupation. It ensures personal freedom and
protection in respect of conviction for certain offences. The Constitution
lays down that the freedom of life and liberty cannot be limited or denied
except in accordance with the procedure established by law.

3) Right against Exploitation:

The people of India were exploited not only by the British but also by the
money lenders and zamindars. This system was called forced labour. Right
against exploitation prohibits all forms of forced labour as well as traffic in
human beings. This fundamental right prohibits sale and purchase of human
beings, forced labour (beggar) and employment of children in hazardous
jobs and factories. The violation of this provision is an offence punishable
under law. The state requires citizens’ services in times of major calamities
such as floods, forest fire, foreign aggression etc.

4) Right to Freedom of Religion:

India is a multi-religious state. Besides Hindus, there are Muslims, Sikhs,
Christians and many others residing in our country. The grant of this right
involves the freedom of conscience, religion and the right to practice and
propagate any religion.. Any person can follow any religion. It gives to all
religions freedom to establish and maintain their religious institutions. Each
religious group is also free to purchase and manage its movable and
immovable property in accordance with law, for the propagation of its
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 religion. No person can be compelled to pay any tax for the propagation of
any religion. Our Constitution lays down that no religious education can be
imparted in any educational institution which is wholly maintained out of
the state funds. This restriction does not apply to those educational
institutions which are not wholly maintained out of State funds. But, even
in those institutions, no child can be compelled to receive religious
instructions against his /her wishes. Right to freedom of religion is not
absolute. It can be restricted on the grounds of public order, morality and
health. The state shall not impose restrictions arbitrarily.
5) Cultural and Educational Rights
India is a vast country with diversity of culture, script and languages. People
take pride in their own language and culture. Our Constitution guarantees
the rights of the minorities to maintain and develop their cultures and
languages. It also confers upon them the right to establish, maintain and
administer their educational institutions. It also provides that the state shall
not discriminate against any educational institution while granting financial
aid on the grounds that it is being run by a minority community. These
rights ensure that minorities will be given assistance by the state in the
preservation of their language and culture. The ideal before the state is to
preserve and propagate the composite culture of the country.
6) Right to Constitutional Remedies
This fundamental right is the soul of the entire Bill of Rights. After reading
about all the fundamental rights, a question may arise in your mind: what
can an individual do if one or more of his or her fundamental rights are
encroached upon by the State? Part III of our Constitution provides for legal
remedies for the protection of these rights against their violation by the
State or other institutions/individuals. This is called the Right to
Constitutional Remedies stipulated in Article 32. It provides for the
enforcement and protection of fundamental rights by the courts. 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. It empowers the Supreme Court and High Courts to issue
writs for the enforcement of these rights.
7) Right to Education
By the 86th Amendment of the Constitution, a new article 21A has been
added after Article 21. By this Amendment Act, Right of Children to Free
and Compulsory Education Act (2009), popularly known as Right to
Education Act has been made a fundamental right and has been deleted
from the list of Directive Principles of State Policy. According to it, “The
State shall provide free and compulsory education to all children of the age
of six to fourteen in such a manner as the State may by law determine”. It
further states that it is the responsibility of the parent or guardian to provide
opportunities for education to their child or ward between the age of six to
fourteen years. 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 goes to school and receives quality
education, that is his/her right.
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