0% found this document useful (0 votes)
5 views

DownloadINDIAN CONSTITUTION - Unit-3

IC notes

Uploaded by

pashamkamal4450
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
5 views

DownloadINDIAN CONSTITUTION - Unit-3

IC notes

Uploaded by

pashamkamal4450
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 10

Category Consists of

1. Right to equality (Articles 14–18)


(a) Equality before law and equal protection of laws (Article 14).
(b) Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth (Article 15).
(c) Equality of opportunity in matters of public employment (Article 16).
(d) Abolition of untouchability and prohibition of its practice (Article 17).
(e) Abolition of titles except military and academic (Article 18).

2. Right to freedom (Articles 19–22)


(a) Protection of six rights regarding freedom of:
(i) Right to freedom of speech and expression
(ii) Right to to assemble peaceably and without arms
(iii) Right to form associations or unions or co-operative societies
(iv)Right to move freely throughout the territory of India
(v) Right to reside and settle in any part of the territory of India
(vi) Right to practice any profession or to carry on any occupation, trade or
business (Article 19).
(b) Protection in respect of conviction for offences (Article 20).
(c) Protection of life and personal liberty (Article 21).
(d) Right to elementary education (Article 21A).
(e) Protection against arrest and detention in certain cases (Article 22).
3. Right against exploitation(Articles 23–24)
(a) Prohibition of traffic in human beings and forced labour (Article 23).
(b) Prohibition of employment of children in factories, etc.(Article 24).

4. Right to freedom of religion (Article 25–28)


(a) Freedom of conscience and free profession, practice and propagation of
religion (Article 25).
(b) Freedom to manage religious affairs (Article 26).
(c) Freedom from payment of taxes for promotion of any religion (Article 27).
(d) Freedom from attending religious instruction or worship in certain
educational institutions (Article 28).

5. Cultural and educational rights(Articles 29–30)


(a) Protection of language, script and culture of minorities(Article 29).
(b) Right of minorities to establish and administer educational institutions
(Article 30).

6. Right to constitutional remedies (Article 32)


Right to move the Supreme Court for the enforcement of fundamental rights
including the writs of (i) habeas corpus, (ii) mandamus, (iii)prohibition, (iv)
certiorari, and (v) quo war-rento (Article 32).
(i) Habeas Corpus
It is a Latin term which literally means ‘to have the body of’. It is an order issued
by the court to a person who has detained another person, to produce the body
of the latter before it.
(ii) Mandamus
It literally means ‘we command’. It is a command issued by the court to a public
official/public body asking him to perform his official duties that he has failed or
refused to perform.
(iii) Prohibition
Literally, it means ‘to forbid’. It is issued by a higher court to a lower court or
tribunal to prevent the latter from exceeding its jurisdiction or usurping a
jurisdiction that it does not possess.
(iv) Certiorari
In the literal sense, it means ‘to be certified’ or ‘to be informed’. It is issued by a
higher court to a lower court or tribunal either to transfer a case pending with
the latter to itself or to squash the order of the latter in a case. It is issued on the
grounds of excess of jurisdiction or lack of jurisdiction or error of law.
(v) Quo-Warranto
In the literal sense, it means ‘by what authority or warrant’. It is issued by the
court to enquire into the legality of claim of a person to a public office. Hence, it
prevents illegal usurpation of public office by a person.
DIRECTIVE PRINCIPLES OF STATE POLICY

According to Article 36, the term ‘State’ in Part IV has the same meaning as in
Part III dealing with Fundamental Rights. The Directive Principles resemble the
‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.

They constitute a very comprehensive economic, social and political


programme for a modern democratic State. They embody the concept of a
‘welfare state’ and not that of a ‘police state’.

The Directive Principles are non-justiciable in nature, that is, they are not
legally enforceable by the courts for their violation. However, Article 37 itself
says that these principles are fundamental in the governance of the country and
it shall be the duty of the State to apply these principles in making laws.

The Directive Principles, though non-justiciable in nature, help the courts in


examining and determining the constitutional validity of a law.
Classification of Directive Principles:
1. Socialistic Principles
1. To promote the welfare of the people by securing a social order permeated by
justice—social, economic and political—and to minimise inequalities in income,
status, facilities and opportunities(Article 38).
2. To secure (a) the right to adequate means of livelihood for all citizens; (b) the
equitable distribution of material resources of the community for the common good; (c)
prevention of concentration of wealth and means of production; (d) equal pay for equal
work for men and women; (e) preservation of the health and strength of workers and
children against forcible abuse; and (f) opportunities for healthy development of children
(Article 39).
3. To promote equal justice and to provide free legal aid to the poor (Article39 A).
4. To secure the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement (Article 41).
5. To make provision for just and humane conditions of work and maternity relief (Article
42).
6. To secure a living wage, a decent standard of life and social and cultural opportunities
for all workers (Article 43).
7. To take steps to secure the participation of workers in the management of
industries(Article 43 A).
8. To raise the level of nutrition and the standard of living of people and to improve public
health (Article 47).
2. Gandhian Principles

1. To organize village panchayats and endow them with necessary powers and
authority to enable them to function as units of self-government (Article 40).

2. To promote cottage industries on an individual or co-operation basis in


rural areas (Article 43).

3. To promote voluntary formation, autonomous functioning, democratic


control and professional management of co-operative societies (Article 43B).

4. To promote the educational and economic interests of SCs, STs, and other
weaker sections of the society and to protect them from social injustice
and exploitation (Article 46).

5. To prohibit the consumption of intoxicating drinks and drugs which are


injurious to health (Article 47).

6. To prohibit the slaughter of cows, calves and other milch and draught
cattle and to improve their breeds (Article 48).
3. Liberal-Intellectual Principles
1.To secure for all citizens a uniform civil code throughout the country(Article
44)

2. To provide early childhood care and education for all children until they
complete the age of six years (Article 45).

3. To organise agriculture and animal husbandry on modern and scientific lines


(Article 48).

4. To protect and improve the environment and to safeguard forests and wildlife
(Article 48 A).

5. To protect monuments, places and objects of artistic or historic interest which


are declared to be of national importance (Article 49).

6. To separate the judiciary from the executive in the public services of the
State (Article 50).

7. To promote international peace and security and maintain just and


honourable relations between nations; to foster respect for international law and
treaty obligations, and to encourage settlement of international disputes by
FUNDAMENTAL DUTIES

The Congress Government at Centre accepted the recommendations of


Swaran Singh Committee and enacted the 42nd Constitutional Amendment Act
in 1976. This amendment added a new part, namely, Part IVA to the
Constitution. This new part consists of only one Article, that is, Article 51A which
for the first time specified a code of eleven fundamental duties of the citizens.
The Fundamental Duties in the Indian Constitution are inspired by the
Constitution of erstwhile USSR.

List of Fundamental Duties:

(a) to abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem;

(b) to cherish and follow the noble ideals that inspired the national struggle
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 do
so;
(e) to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities and to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of the country’s composite culture;

(g) to protect and improve the natural environment including forests, lakes,
rivers and wildlife and to have compassion for living creatures;

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

(i) to safeguard public property and to abjure violence;

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


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

(k) to provide opportunities for education to his child or ward between the
age of six and fourteen years. This duty was added by the 86th Constitutional
Amendment Act, 2002.

You might also like