Session 4: Fundamental duties and Directive Principles of State Policy

Contents
Emergency Provisions (Article 352-360) .................................................................................. 2

Grounds for declaring National emergency. .......................................................................... 2

Who declares emergency? ..................................................................................................... 2

Revoking emergency ............................................................................................................. 2

Duration of emergency .......................................................................................................... 2

Effect of National emergency ................................................................................................ 3

State emergency – Article 356 ................................................................................................... 3

Duration of state emergency .................................................................................................. 3

Effect of state emergency....................................................................................................... 3

Financial emergency (Article 360) ............................................................................................ 3

Effect of Financial emergency ............................................................................................... 4

Fundamental duties (Article 51A) ............................................................................................. 4

List of the 11 Fundamental duties .............................................................................................. 4

Directive Principles of State Policy (DPSP) – (Article 36-51) .................................................. 5

Goals of DPSP ....................................................................................................................... 5

Examples of DPSP ................................................................................................................. 5

Articles of certain Directive Principles .................................................................................. 5

Differences between DPSP and Fundamental rights ............................................................. 6

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Emergency Provisions (Article 352-360)

An emergency may be defined as “circumstances arising suddenly that calls for immediate
action by the public authorities under the powers granted to them.”

Three types of emergencies

1. National Emergency
2. State Emergency
3. Financial Emergency

Grounds for declaring National emergency.

1. War,
2. External aggression or
3. Internal armed rebellion

Who declares emergency?

• Article 352 provides that if the President is ‘satisfied’ on the grounds of emergency,
he can issue a proclamation to that effect regarding the whole of India or a part
thereof.
• Sub clause (3) says that president can proclaim emergency only on the written advice
of the cabinet.
• Must be placed before each house of the parliament and approved within one month.
Otherwise, it will expire.

Revoking emergency

• If the situation improves then the President can revoke the emergency through another
proclamation.
• The 44th Amendment of the Constitution provides that a requisition for the meeting
can be made by ten per cent or more members of the Lok Sabha and in that meeting;
it can disapprove or revoke the emergency by a simple majority.
• The emergency will immediately become inoperative in such a case.

Duration of emergency

• After approval of the parliament, it has to be renewed every 6 months.

• If Lok Sabha is dissolved meanwhile, it will be in operation upto 1 month from the first
sitting of new Lok Sabha, provided it is approved by the Rajya Sabha
• Any resolution related to Proclamation or renewal must be passed by a special majority
(Not less than 2/3rd of the members present and voting) as per 44th amendment 1978

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Effect of National emergency

• 353- Union will use its executive power to give directions to the state
• 353(b) Union can make laws in matters of state list
• 354 Union can alter distribution of revenue between centre and state
• The term of Lok Sabha can be extended one year at a time each time.
• Fundamental rights under article 19 is suspended. However, rights under articles 20
and 21 are not affected.

State emergency – Article 356

President can declare a state emergency.

Grounds: In a situation where Government of a state cannot be carried out in accordance with
the provisions of the constitution

One receiving the report of Governor or otherwise satisfied.

Duration of state emergency

• Must be approved by both houses of the Parliament withing two months.

• The duration can be extended by Parliament for 6 months at a time.
• But can not remain in operation for more than 3 years.

Effect of state emergency

• President shall have all the powers that are exercisable by the Governor in the state.
• State legislature is dissolved.
• Legislative power of the state will be with the parliament.

Financial emergency (Article 360)

• President can declare a financial emergency.

• Grounds: Financial stability of India or any part of the territory is threatened
• Must be approved by both house of the parliament withing 2 months.
• So far not declared in India

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Effect of Financial emergency

• Union will give directions to the state regarding maintenance of financial stability.
• Allows reduction in salaries and allowances of any persons serving under the state
including the judges of High courts and Supreme courts.
• The money bills shall be reserved for the approval of the president.

Fundamental duties (Article 51A)

• The section "Fundamental Duties' was not a part of the original constitution. These were
added to the Constitution much later by the 42nd Amendment in 1976.
• There is a major difference between the fundamental rights and the fundamental duties.
The fundamental duties are non-justifiable, that is no one can be punished in case of
their violation or non-compliance.
• The fundamental duties are defined as the moral obligations of all citizens to help
promote a spirit of patriotism and to uphold the unity of India.
• Originally 10 duties, 11th was added under 86th Amendment 2002.

List of the 11 Fundamental duties

1. Abide by the Constitution and respect national flag & National Anthem
2. Follow ideals of the freedom struggle
3. Protect sovereignty & integrity of India.
4. Defend the country and render national services when called upon.
5. Sprit of common brotherhood
6. Preserve composite culture.
7. Preserve natural environment.
8. Develop scientific temper.
9. Safeguard public property.
10. Strive for excellence.
11. Duty of all parents/guardians to send their children in the age group of 6-14 years to
school.

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Directive Principles of State Policy (DPSP) – (Article 36-51)

1. These are guidelines for creating a social order in which there would be social,
economic and political justice, liberty, equality, brotherhood and mentioned in the
preamble.
2. The objective of directive principle is to create a welfare state.
3. These are Policy guidelines.
4. Non-justiciable: Parts of the constitution which cannot be enforced by the Judiciary

Goals of DPSP

1. Welfare of people – social, economic, political

2. Raising living standard – equitable distribution of resources
3. Promotion of internal peace

Examples of DPSP

• To promote Social, Political and Economic Justice. ...

• Provide Free Legal aid. ...
• Organization of Panchayats. ...
• Welfare Government schemes. ...
• Securing just and humane work and maternity relief. ...
• Fair wages and decent standard of life. ...
• Worker's participation in management.

Articles of certain Directive Principles

• 40 - Panchayath
• 41 - Maternity relief
• 43 - Cottage Industries
• 44 - Uniform Civil Code
• 47 – Prohibition of Alcohol
• 48 – Preventing slaughter of useful cows
• 50 – Separation of Judiciary from Executive
• 51 – Internal peace and security

Directive Principles are Not Justiciable. But a number of acts are passed by the Parliament to
give effect to the objectives of Directive principles. The following figure represents some such
Acts

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Differences between DPSP and Fundamental rights

• Fundamental rights are to protect rights of individuals whereas DPSP are to ensure
wellbeing of the entire society.
• Fundamental rights are justiciable, but DPSP are non-justiciable.
• Fundamental Rights restrain the state from doing certain things while DPSP prompts
the state to do certain things.

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 Session 3: Fundamental Rights
Contents
Fundamental rights..................................................................................................................... 2

6 Categories of Fundamental rights guaranteed by the constitution. ......................................... 2

Right to equality......................................................................................................................... 2

Right to Freedom: ...................................................................................................................... 2

Right to freedom: Article 19: ................................................................................................. 3

Ground on which restrictions can be placed on Right to speech and expression. ................. 3

Article 20: Right to freedom ................................................................................................. 3

Right to freedom (Article 21-22) ........................................................................................... 4

Right against exploitation .......................................................................................................... 4

Right to freedom of Religion ..................................................................................................... 4

Cultural and Educational Rights ................................................................................................ 5

Right to Constitutional remedies ............................................................................................... 5

Right to Education ..................................................................................................................... 5

The rights are against whom? .................................................................................................... 6

Are fundamental rights absolute? .............................................................................................. 6

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Fundamental rights

These are inviolable rights granted to every citizen of India by the constitution.
Any law or executive action cannot take away these rights. Article 12 to 35 of the
constitution deals with fundamental rights.

6 Categories of Fundamental rights guaranteed by the constitution.

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.

Right to equality

1. Right to equality: Which includes equality before law, prohibition of discrimination

on grounds of religion, race, caste, gender or place of birth, and equality of opportunity
in matters of employment, abolition of untouchability and abolition of titles. Right to
equality is provided from Article 14 to Article 18 of Indian constitution.

I. Article 14 - says, “The State shall not deny to any person equality before the law
or equal protection of the laws within the territory of India.

II. Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex

or place of birth.

III. Article 16 - Article 16 of Indian Constitution ensures equality of opportunity for all
citizens in public employment. The State cannot make any discrimination on
grounds of religion, race, sex, descent, place of birth or residence

IV. Article 17- Article 17 of Indian Constitution declares the abolition of

untouchability and prohibit its practice in any form.

V. Article 18 - Article 18 of Constitution of India prevents the State from conferring

of title → establishment of social equality in India. (a Citizen is also barred from
accepting foreign titles).

Right to Freedom:

It includes freedom of speech and expression, assembly, association or union or cooperatives,

movement, residence, and right to practice any profession or occupation, right to life and
liberty, protection in respect to conviction in offences and protection against arrest and
detention in certain cases. Right to freedom is provided from Article 19 to 22 of constitution.

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Right to freedom: Article 19:

Everyone has the right to freedom of opinion and expression; this right includes freedom
to hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.

• 19(1)(a) Right to freedom of speech and expression

• 19(1)(b) Right to assemble peacefully without arms.
• 19(1)(c) Freedom to form associations.
• 19(1)(d) Right to move freely in territory of India.
• 19(1)(e) Right to settle in territory of India.
• 19(1)(g) Freedom of trade and profession

Ground on which restrictions can be placed on Right to speech and expression.

Following are the only 7 grounds on which restrictions can be placed on speech and expression.

1. Defamation,
2. contempt of the court,
3. Decency or morality,
4. Security of the state,
5. Friendly relationship between India with other country,
6. Incitement for an offence, public order
7. Maintenance of the sovereignty and integrity of India

Article 20: Right to freedom

This article provides protection against retrospective legislation, double jeopardy and see

• 20(1): No person shall be convicted of any offence except for violation of a law in
force at the time of the commission of the Act charged as an offence, nor be
subjected to a penalty greater than that which might have been inflicted under the
law in force at the time of the commission of the offence. (Ex-Post-Facto)
• 20(2): No person shall be prosecuted and punished for the same offence more than
once. (Double jeopardy)
• 20(3): No person accused of any offence shall be compelled to be a witness against
himself (Self-incrimination)

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Right to freedom (Article 21-22)

• Article 21: Protection of life and personal liberty: No person shall be deprived
of his life or personal liberty except according to procedure established by
law. Includes, right to Privacy
• Article 22: Protection against arbitrary arrest and detention
• (1) No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such an arrest nor shall he be
denied the right to consult, and to be defended by, a legal practitioner of his choice.
• (2) Every person who is arrested and detained in custody shall be produced before
the nearest magistrate within a period of twenty-four hours of such arrest
excluding the time necessary for the journey from the place of arrest to the court of
the magistrate and no such person shall be detained in custody beyond the said
period without the authority of a magistrate.

Note: Article 20 and 21 can not be suspended even in National emergency.

Right against exploitation

Right against exploitation prohibits all forms of forced labour, child labour and traffic of
human beings. It is provided under Articles 23 and 24 of Indian constitution.

• Article 23 - Article 23 of Indian Constitution declares Prohibition of traffic in

human beings and forced labour.
• Article 24 - Article 24 of Indian Constitution states that the employment of children
under 14 years in factories or mines, are punishable offences.

Right to freedom of Religion

Right to freedom of religion: Which includes freedom of conscience and free profession,
practice, and propagation of religion, freedom to manage religious affairs, freedom from certain
taxes and freedom from religious instructions in certain educational institutes. Article 25 to 28
enumerates the right to freedom of religion.

• Article 25 - Article 25 of Indian of freedom of conscience and free profession,

practice and propagation of religion.

• Article 26 - Article 26 of Indian Constitution specifies the freedom to manage

religious affairs.

• Article 27 - Freedom as to payment of taxes for promotion of any particular

religion. 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 religions denomination.

• Article 28 - Article 28 of Indian Constitution includes freedom as to attendance at

religious instruction or religious worship in certain education institutions.

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Cultural and Educational Rights

Cultural and Educational rights aims to preserve the right of any section of citizens to
conserve their culture, language or script, and right of minorities to establish and administer
educational institutions of their choice. Article 29 and Article 30 of Indian constitution provides
for cultural and educational rights.

• Article 29 - Protection of interests of minorities – The right to preserve distinct

culture, language, script and identity
• Article 30 - Right of minorities to establish and administer educational institutions.

Right to Constitutional remedies

• Right to constitutional remedies: Which is present for enforcement of Fundamental

Rights. It is provided under Article 32 of Indian constitution. If fundamental rights are
obstructed by any individual, organization or government, the affected person can directly
approach the supreme court or high court.
• Article 32 - When a citizen finds that any of his fundamental rights has been encroached
upon, he can move the supreme court, which has been empowered to safeguard the
fundamental rights of a citizen.
• This right has been called Soul and heart of the Constitution by BR Ambedkar.
• If this right is not guaranteed, all the fundamental rights will remain only on paper.

Right to Education

Right to education (Article 21A) : Right education was added to Article 21 which deals with
right life and liberty as an addition – 21A

• Made a fundamental right by 86th amendment in 2002.

• Now the state has a compulsory obligation to provide free education to all children
between the age of 6 and 14 years.
• Right to Education bill was passed in 2009 and came into force from 1st April 2010.

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The rights are against whom?

Most of the fundamental rights against actions of the state. Only four fundamental rights are
against the actions of state as well as other individuals. These rights are,

• Article 15(2) - Provides that No citizen shall be subject to any kind of discrimination
on the basis of his race, religion, place of birth or caste etc.
• Article 17 - Talks about abolition of Untouchability. It devises that anyone practicing
Untouchability shall be punished.
• Article 23 - Prohibits trafficking of humans and forced labor.
• Article 24 - Prohibits employment of children in factories amid hazardous place.

Are fundamental rights absolute?

• They are not absolute, in the sense that they can be suspended under National
emergency.
• Under normal circumstances, the government cannot take away these rights.
• But if the president of India declares National emergency (if he perceives internal or
external threat - article 352), parliament can suspend few or all of the rights for a short
period.
• The article 20 and 21 CANNOT be suspended even in National Emergency

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 Session 2: Preamble to the Constitution
Contents
Preamble to the constitution....................................................................................................... 2
We the people of India … ...................................................................................................... 2
Sovereignty ............................................................................................................................ 2
Socialism ................................................................................................................................ 2
Secularism .............................................................................................................................. 3
Democracy ............................................................................................................................. 3
Liberty .................................................................................................................................... 3
Equality .................................................................................................................................. 3
Justice..................................................................................................................................... 3
Fraternity ................................................................................................................................ 4
Dignity of individual .............................................................................................................. 4
Unity and Integrity of nation.................................................................................................. 4
Salient features of the constitution............................................................................................. 4
1. Longest written constitution .............................................................................................. 4
2. Drawn from different sources ............................................................................................ 4
3. Partly flexible, partly rigid ................................................................................................. 4
4. Federal in form, Unitary in spirit. ...................................................................................... 5
5. Parliamentary system with elected president as the head .................................................. 5
6. Universal Adult Franchise ................................................................................................. 5
7. Single citizenship ............................................................................................................... 5
8. Independent Judiciary ........................................................................................................ 5
9. Charter of Fundamental rights ........................................................................................... 5
10. Directive Principles .......................................................................................................... 5
11. Fundamental duties .......................................................................................................... 5
Sources from which the Constitution was drawn. ..................................................................... 6

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Preamble to the constitution

• Preamble is an introductory section of the document which explains the document’s

purpose and underlying philosophy.
• Though it comes in the beginning, it was included at the end after thorough discussion.
• Preamble is not legally binding but used to explain and interpret other parts of the
constitution.

Preamble says,
WE, THE PEOPLE OF INDIA, having 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

HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Let us now discuss the meaning of the important terms used in the preamble.

We the people of India …

• Constitution gets it authority from the people.

• Representatives of all sections of people involved in its preparation.

Sovereignty

• Complete independence
• No country has the right to interfere in internal or external policies of the state.

Socialism

• It means a system of government where the means of production and

distribution of goods are wholly or partly controlled by the state.
• Industrial, financial, educational, health and other institutions are run by the
government.
• Objective is to reduce the gap between the rich and the poor.

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Secularism

• Does not mean going against God or lack of belief in God.

• It means state has no religion.
• State protects all religion and does not make discrimination between religions.
• All people enjoy equal status, honour, dignity and rights irrespective of the religion.

Democracy

• For the people, by the people, of the people

• People elect representatives to govern on the basis of Universal Adult Franchise (All
persons above the age of 18 can vote to elect the representatives)
• In addition to political democracy, it also includes Social Democracy (Entitlement to
social justice and welfare) and economic democracy (equal economic opportunities and
rights)

Liberty

• Freedom of

• Thought
• Expression and
• Belief
• These are included in Fundamental rights.
• Liberty to live in any part of India.
• Liberty to earn one’s own livelihood.

Equality

• Equality before law

• No discrimination allowed on the basis of caste, creed, religion, economic and social
status, language and gender.

Justice

• Political justice (Free to vote as well as to contest in election)

• Economic justice (Narrow down the gap between rich and poor)
• Social justice (discrimination on the basis of caste is illegal and punishable)

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Fraternity

The Constitution aims to promote a feeling of fraternity or brotherhood among all citizens.
Fraternity refers to sense of common brotherhood and belonging.

Dignity of individual

The dignity of individual is an important concept mentioned in the preamble. Adequate

means of livelihood, better conditions of work, a decent standard of life free from all sorts
of exploitation promote and maintain human dignity.

Unity and Integrity of nation

• Preamble emphasizes unity integrity of the nation. Integrity means being whole and
undivided. People must stay united to protect the unity and integrity, especially at
times of external attack or internal disturbance.

Salient features of the constitution

1. Longest written constitution

• Ours is a written constitution whereas as Britain has unwritten constitution.

• Our is the longest written constitution whereas USA has the shortest constitution.
• 444 Articles, 12 Schedules, 94 amendments, 1,17,369 Words, 443 Pages

2. Drawn from different sources

• The best is taken from different sources.

• Parliamentary democracy – From British constitution
• Fundamental rights – From constitution of USA
• Emergency powers – From Germany
• Directive principles – From Irish constitution

3. Partly flexible, partly rigid

• Changes can be brought about in the constitution, so it is flexible.

• But Basic structure cannot be changed.
• Changes require an elaborate process (2/3 majority of both houses of parliament and
some changes requires ratification by not less than half the state assemblies)

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4. Federal in form, Unitary in spirit.

• The Federal system means decentralization of power. Powers are distributed between
the central and state government.
• But central government retains the overall control (Unitary)

5. Parliamentary system with elected president as the head

• The government (ministers and executives) get their authority from the elected bodies,
Parliament, or state assemblies.
• President is elected in indirect election.

6. Universal Adult Franchise

• Every citizen above the age of 18 can vote in the election. Anybody above the age of
25 can contest for MP or MLA election and anybody over 30 years can contest for MP
(Rajya Sabha) or MLC (Vidhana Parishad)

7. Single citizenship

• All people living in the geographical boundary can have citizenship and can not have
citizenship of another at the same time.

8. Independent Judiciary

• It provides for a single unified judicial system which is independent. (Supreme court,
high courts and subordinate courts)

9. Charter of Fundamental rights

• Part III of our constitution discusses fundamental rights. These are inviolable rights
granted to every citizen of India by the constitution. Any law or executive action
cannot take away these rights.

10. Directive Principles

• These are certain ideals which the framers of the Indian constitution thought the Indian
state must try and achieve for national wellbeing.

11. Fundamental duties

• Added through 42nd amendment.

• These are the obligations of the citizens towards the state and other citizens.

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Sources from which the Constitution was drawn.

• Australia: Concurrent list, Joint sitting of two houses of parliament

• Canada: Federal system, Residuary powers, Appointment of Governors, Advisory
jurisdiction of Supreme court
• Ireland: Directive principles, nomination of members to Rajya Sabha, Method of
election of President
• Japan: Procedure established by Law.
• USSR (Russia): Fundamental duties, Ideals of Justice (social, economic, political)
• UK: Parliamentary system, Rule of Law, Legislative procedure, single citizenship
• USA: Fundamental rights, independent judiciary, Judicial review, Impeachment of
President, post of vice president
• Germany: Emergency provision
• France: Republic, Preamble, Liberty, equality, fraternity
• South Africa: Procedure of amendments to constitution, election to Rajya Sabha

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