Indian constitution and human rights

206606042
B.A.B.Ed 8th
Sahildeep Singh

The preamble, in general, refers to the introductory statement of a

document that serves two main purposes:
Meaning: It explains the philosophy and objectives behind the document.
This gives you a foundational understanding of the document’s purpose and
guiding principles.
Objectives: It outlines the key goals the document aims to achieve. These
objectives can provide a framework for interpreting the document's content
and future amendments.
The preamble is often found in legal documents like constitutions, but you
can also find them in contracts, bylaws, or even research papers. Let’s take
a look at the specific example of a constitution’s preamble:
The Preamble of a Constitution:
A constitution’s preamble typically sets the stage for the entire document
by outlining:
Source of Authority: It often clarifies that the power to create the
constitution comes from the people being governed (e.g., “We the People”
in the US Constitution).
Nature of the State: It defines the form of government (e.g., republic,
democracy) and other characteristics of the state.
Objectives of the Government: It lays out the goals the government aims to
achieve for its citizens (e.g., liberty, justice, equality).
The preamble, although seemingly brief, holds significant weight. It serves
as a cornerstone for interpreting the constitution and ensuring the
government upholds the principles it establishes.
The Indian Constitution, the lengthiest written constitution in the world,
is a complex and fascinating document that outlines the framework for the
world’s largest democracy. Here are some of its salient features:
Federalism with a Unitary Bias: India is a union of states, with power divided
between the central government and the states. However, the constitution
leans towards a strong central government, especially in times of
emergency.
Parliamentary Democracy: India adopts a parliamentary form of
government, where the executive branch (Prime Minister and Council of
Ministers) derives its authority from the legislature (Parliament). The leader
of the majority party in Parliament becomes the Prime Minister.
Fundamental Rights: The constitution guarantees fundamental rights to all
Indian citizens, essential for a free and dignified life. These include rights
related to equality, freedom, religion, cultural and educational rights,
freedom from exploitation, and the right to constitutional remedies.
Directive Principles of State Policy: These are guidelines for the government,
outlining how it should strive to promote social welfare and justice. Though
not justiciable (directly enforceable in court), they guide the government’s
policies towards achieving a better standard of living and equal
opportunities for all.
Fundamental Duties: Added in 1978, these are the moral obligations of
citizens to uphold the values enshrined in the constitution and contribute to
nation-building.
Secular State: India guarantees freedom of religion to all its citizens and
avoids favoring any particular religion. The government cannot discriminate
on religious grounds.
Single Citizenship: India practices a single citizenship system. There’s no
separate citizenship for individual states.
Independent Judiciary: The constitution establishes an independent
judiciary, crucial for upholding the rule of law and ensuring justice for all.
The Supreme Court acts as the guardian of the constitution and interprets
its provisions.
Rule of Law: The constitution emphasizes the rule of law, where everyone,
including the government, is subject to the law.
Adult Suffrage: Every adult citizen (18 years and above) has the right to
vote, regardless of religion, caste, gender, or economic background.
Flexibility and Rigidity: The constitution strikes a balance between rigidity
(certain provisions require a special amendment process for change) and
flexibility (other provisions can be amended by a normal parliamentary
majority).
Borrowed Features: The constitution draws inspiration from various sources,
including the British parliamentary system, the American Bill of Rights, and
the Government of India Act (1935).
These are some of the key features of the Indian Constitution that
contribute to its unique character and its role in shaping the world’s largest
democracy.

Fundamental Rights are the cornerstone of any democratic nation, and

India is no exception. Here’s a breakdown of their significance and features:
Significance:
Guarantee Basic Human Rights: Fundamental rights ensure basic human
rights are available to all Indian citizens, regardless of religion, race, caste,
gender, or place of birth. These rights are essential for living a life with
dignity and freedom.
Protect Individuals from the State: They act as a shield against arbitrary
actions by the government. If a law or government action violates a
fundamental right, individuals can challenge it in court.
Promote Equality and Justice: Fundamental rights create a level playing
field by prohibiting discrimination and guaranteeing equal rights and
opportunities for all.
Empower Citizens: Knowing their rights empowers citizens to participate
actively in society and hold the government accountable.
Foundation for a Strong Democracy: Fundamental rights are crucial for a
healthy democracy by fostering individual liberty and freedom of
expression, which are essential for a functioning democracy.
Features:
Justiciable: Unlike ordinary rights, fundamental rights can be enforced in a
court of law. If a citizen feels their fundamental rights have been violated,
they can petition a court for justice.
Fundamental: These rights are enshrined in the Constitution, the supreme
law of the land, highlighting their importance.
Not Absolute: Fundamental rights are not absolute and can be reasonably
restricted under certain circumstances, like during a national emergency.
Contain Limitations: Some rights, like the right to freedom of speech, may
have limitations to protect public order, national security, and defamation of
others.
Can Be Amended: The Constitution allows for amendments to fundamental
rights through a special parliamentary process, but such amendments
cannot destroy the “basic structure” of the constitution.
Examples of Fundamental Rights:
Right to Equality: This includes equality before law, prohibition of
discrimination, and equal opportunity in public employment.
Right to Freedom: This encompasses freedom of speech, expression,
assembly, association, movement, religion, conscience, and life and liberty.
Right against Exploitation: This prohibits practices like human trafficking,
forced labor, and child labor.
Right to Freedom of Religion: This guarantees the right to practice, preach,
and propagate any religion.
Cultural and Educational Rights: This protects the right to conserve one’s
language, script, and culture.
Right to Constitutional Remedies: This guarantees the right to approach the
courts for enforcement of fundamental rights.
In conclusion, Fundamental Rights are the bedrock of Indian democracy.
They ensure individual liberties, promote social justice, and empower
citizens. While they are not absolute, they provide a strong foundation for a
free and just society.
Unlike Fundamental Rights, Fundamental Duties in the Indian Constitution
are a relatively recent addition (1978) and hold a different but significant
role. Here’s a breakdown of their importance and features:
Significance:
Promote Responsible Citizenship: Fundamental Duties encourage citizens to
actively participate in the nation’s development and well-being. They
highlight the importance of individual responsibility alongside enjoying
rights.
Strengthen National Unity and Integrity: By emphasizing respect for the
Constitution, national symbols, and diverse communities, these duties
promote a sense of shared identity and national pride.
Foster Social Cohesion: They encourage tolerance, brotherhood, and respect
for women, striving towards a more inclusive and harmonious society.
Supplement Fundamental Rights: Duties complement rights by creating a
sense of balance. Rights empower individuals, while duties encourage
responsible exercise of those rights for the collective good.
Inspire Civic Engagement: These duties nudge citizens to actively engage in
civic activities, be informed about their nation, and contribute positively to
its progress.
Features:
Moral Obligations, Not Legal Duties: Unlike Fundamental Rights, they are not
enforceable in court. They serve as moral guidelines for citizens.
Non-Justiciable: No legal punishment exists for not fulfilling these duties.
However, promoting these values strengthens a society built on mutual
respect and responsibility.
Emphasis on Patriotism and Social Responsibility: These duties encourage
citizens to be loyal to the Constitution, respect national symbols, protect
public property, and contribute to national service when called upon.
Promote Harmony and Respect for Diversity: They emphasize respect for all
religions, languages, and cultures within India, fostering a spirit of tolerance
and inclusivity.
Stress on Environmental Protection: One duty involves protecting the
environment and wildlife, highlighting the importance of responsible
stewardship of natural resources.
Overall Impact:
While Fundamental Duties lack legal enforcement, they play a vital role in
shaping a responsible citizenry. They emphasize the importance of
individual contribution to the nation’s progress alongside enjoying
guaranteed rights. By following these duties, citizens can help build a
stronger, more inclusive, and prosperous India.

The Directive Principles of State Policy (DPSPs) in the Indian

Constitution, while not directly enforceable in court, hold significant utility in
guiding the government towards creating a just and equitable society.
Here’s a breakdown of their importance:
Guiding Principles for Governance:
Socio-Economic Democracy: The DPSPs lay out a roadmap for achieving
socio-economic democracy in India. They emphasize reducing inequality,
promoting social welfare, and ensuring a dignified standard of living for all
citizens.
Social Justice: These principles advocate for policies that uplift
disadvantaged sections of society, like scheduled castes, tribes, and
minorities. They promote equal opportunities and aim to bridge social and
economic divides.
Welfare State: The DPSPs envision India as a welfare state where the
government plays a proactive role in providing basic necessities like
education, healthcare, and employment opportunities.
Balanced Development: They encourage balanced development across all
regions of the country, ensuring economic growth is not concentrated in
specific areas.
Promoting Universal Values: The principles advocate for values like justice,
liberty, equality, and fraternity, forming the foundation for a strong and
ethical society.
Indirect Impact:
Influence on Legislation: Though not enforceable, the DPSPs significantly
influence lawmaking. The government, while formulating laws, is expected
to consider these principles and strive to achieve the ideals enshrined within
them.
Judicial Review: While courts cannot directly enforce the DPSPs, they can
use them for interpreting existing laws and striking down those that
blatantly contradict these principles.
Public Scrutiny: The DPSPs serve as a benchmark against which citizens can
hold the government accountable. If government policies significantly
deviate from these principles, it can spark public debate and pressure for
change.
Limitations:
Non-Justiciability: The inability to enforce them through courts is a major
limitation.
Vague Wording: Some DPSPs are worded vaguely, making it challenging to
translate them into concrete policies.
Competing Priorities: Balancing various DPSPs can be complex. Achieving
economic growth may sometimes require temporary measures that might
conflict with social welfare goals.
Overall, the Directive Principles of State Policy serve as a guiding light for
the Indian government. While they lack legal teeth, their influence on
legislation, judicial review, and public discourse shapes the country’s social
and economic development in its pursuit of a just and equitable society.

## Human Rights: Meaning, Nature, and Kinds

Human rights are fundamental rights inherent to all human beings,
regardless of their nationality, ethnicity, religion, gender, sexual orientation,
or any other status. These rights are essential for living a life of dignity,
freedom, and equality.
Here’s a breakdown of the meaning, nature, and kinds of human rights:
**Meaning:**
* **Inherent:** Human rights belong to us simply because we are human.
They are not granted by governments or any other authority.
* **Universal:** These rights apply to all people everywhere, without
exception.
* **Inalienable:** They cannot be taken away, sold, or forfeited.
* **Indivisible and interdependent:** While there are different categories of
rights, they are interconnected. Respecting one right often requires
respecting others.
**Nature:**
* **Moral principles:** Human rights are based on the idea that all humans
have inherent value and deserve to be treated with dignity and respect.
* **Legal framework:** Many human rights are enshrined in international
law, such as the Universal Declaration of Human Rights, and national
constitutions. However, enforcement mechanisms can be weak.
* **Evolving concept:** The understanding of human rights has evolved
over time. New rights, such as the right to a clean environment, have
emerged in recent decades.
**Kinds of Human Rights:**
There are various ways to categorize human rights. Here are some common
classifications:
 **Civil and Political Rights:** These rights focus on individual freedoms
and participation in public life. Examples include the right to life,
liberty, security of person, freedom of expression, assembly, religion,
and the right to a fair trial.
 **Economic, Social and Cultural Rights:** These rights focus on basic
needs and opportunities for a decent life. Examples include the right to
work, education, social security, adequate housing, and the right to
health.
 **Group Rights:** These rights belong to specific groups of people,
such as the right to self-determination for indigenous peoples or the
rights of the child.
 **Emerging Rights:** These include newer rights that are gaining
recognition, such as the right to access to the internet or the right to a
clean environment.
*Importance of Human Rights:**
* **Protecting individuals from abuse:** Human rights provide a framework
for holding governments and other actors accountable for their actions.
* **Promoting peace and security:** Respect for human rights is essential
for building peaceful and just societies.
* **Empowering individuals:** Knowing their rights enables people to claim
their entitlements and participate actively in their communities.
* **Promoting human dignity:** Human rights are the foundation for a world
where everyone is treated with respect and has the opportunity to thrive.
Even though human rights are universal and essential, the reality is more
complex. Violations of human rights still occur around the world.
International organizations, national governments, and civil society all play
a role in promoting and protecting human rights.

The Universal Declaration of Human Rights (UDHR), adopted in 1948

by the United Nations General Assembly, is a landmark document in human
history. Here’s a breakdown of its objectives, nature, and importance:
**Objectives:**
* **Define Universal Rights:** The UDHR aimed to establish a common
standard of human rights for all people, regardless of background. It set a
benchmark for governments to strive towards.
* **Prevent Future Atrocities:** Created in the aftermath of World War II’s
horrific human rights abuses, the UDHR sought to prevent such atrocities
from happening again by promoting peace, dignity, and equality.
* **Promote Human Dignity:** The document emphasizes the inherent
dignity and equal rights of all humans, laying the groundwork for a world
where everyone is valued.
**Nature:**
* **Non-binding Declaration:** The UDHR is not a legally binding treaty.
However, it has gained immense moral authority and has influenced
numerous national constitutions and international human rights laws.
* ** aspirational document:** It sets out ideals and goals for governments
to work towards, rather than providing a strict legal framework for
enforcement.
* **Evolving Framework:** The UDHR has been interpreted and expanded
upon over time to address new challenges like environmental rights and the
rights of people with disabilities.
**Importance:**
* **Foundation for Human Rights Law:** The UDHR has inspired numerous
human rights treaties and declarations, forming the bedrock of international
human rights law.
* **Promotes Accountability:** It provides a benchmark against which
governments’ human rights records can be measured, encouraging
accountability for abuses.
* **Empowers Individuals and Groups:** By knowing their fundamental
rights, individuals and groups are empowered to claim their rights and fight
for justice.
* **Universal Standards:** The UDHR establishes a universal standard for
human rights, promoting a world where everyone is treated with dignity and
respect, regardless of nationality, ethnicity, religion, or any other status.
**Impact:**
The UDHR’s impact has been significant, though challenges remain. It has:
* Inspired social justice movements around the world.
* Led to the creation of international human rights institutions for
monitoring and enforcement.
* Placed human rights at the forefront of international discourse.
Despite its limitations, the UDHR remains a powerful document that
continues to shape the global conversation on human rights and serves as a
beacon of hope for a world where everyone enjoys their fundamental rights
and freedoms.

The National Human Rights Commission (NHRC) of India plays a

crucial role in safeguarding and promoting human rights for all Indian
citizens. Here’s a breakdown of its key powers and functions:
**Powers:**
* **Investigate Complaints:** The NHRC can investigate complaints of
human rights violations by any government authority or negligence in
preventing such violations by public servants. They can initiate
investigations on their own (suo moto) or based on petitions received from
individuals or organizations.
* **Issue Summons and Call for Documents:** The NHRC has the authority
to summon witnesses and call for documents related to a human rights case
under investigation.
* **Recommend Recompense:** The Commission can recommend
compensation to victims of human rights violations or their families.
* **Review Laws and Recommend Reforms:** The NHRC has the power to
review laws and recommend changes to the government to better protect
human rights.
**Functions:**
* **Protect and Promote Human Rights:** This is the overarching function of
the NHRC. They work towards ensuring the effective implementation of
human rights safeguards enshrined in the Indian Constitution and
international human rights covenants.
* **Research and Awareness:** The NHRC conducts research on human
rights issues and promotes public awareness about human rights through
various means like publications, seminars, and media outreach.
* **Encourage NGOs:** The Commission encourages and supports the work
of non-governmental organizations (NGOs) working in the field of human
rights.
* **Study International Instruments:** The NHRC studies international
human rights treaties and conventions and recommends their effective
implementation in India.
* **Review Factors Affecting Enjoyment of Human Rights:** The
Commission reviews factors that can hinder the enjoyment of human rights,
including terrorism, and suggests appropriate solutions.
* **Annual Report:** The NHRC submits an annual report to the President of
India, which is then laid before both houses of Parliament. This report
highlights the Commission’s activities and recommendations.
**Overall, the NHRC acts as a watchdog for human rights in India. While it
doesn’t have direct punitive power, its recommendations and investigations
hold significant weight and can influence government policies and
practices.** It empowers Indian citizens to seek recourse for human rights
violations and serves as a vital check on the power of the state.

The National Commission for Women (NCW) in India is a statutory

body dedicated to protecting and promoting the rights of women.
Established in 1992 under the National Commission for Women Act, 1990,
the NCW plays a multifaceted role in safeguarding women’s well-being.
Here’s a breakdown of its key functions:
**Reviewing Legal Safeguards:** The NCW reviews existing constitutional
and legal provisions to ensure they adequately protect women’s rights. They
recommend necessary legislative changes to bridge any gaps and address
emerging challenges faced by women.
**Addressing Grievances:** The NCW serves as a vital platform for women
to address their grievances. They can register complaints related to various
issues like domestic violence, sexual harassment, discrimination, or
violation of women’s rights. The Commission investigates complaints and
takes appropriate steps to ensure justice for the victims.
 **Advising the Government:** The NCW acts as an advisory body to
the central government on all policy matters concerning women. They
provide valuable insights and recommendations to shape policies that
promote gender equality and empower women.
 **Facilitating Redressal:** The Commission plays a crucial role in
facilitating the redressal of grievances faced by women. This might
involve mediating disputes, recommending action to relevant
authorities, or even initiating legal proceedings in serious cases.
 **Promoting Research and Studies:** The NCW promotes research and
studies on issues impacting women. This research helps in
understanding the evolving challenges and developing effective
strategies to address them.
 **Spreading Awareness:** The Commission actively works to raise
public awareness about women’s rights and available legal safeguards.
They organize workshops, seminars, and public campaigns to educate
 both women and society at large about gender equality and women’s
empowerment.
 **Monitoring Implementation:** The NCW monitors the
implementation of laws and policies related to women’s rights by
various government agencies. They identify shortcomings and
recommend corrective measures to ensure effective implementation
on the ground.
 **Inspecting Institutions:** The Commission has the authority to
inspect jails, remand homes, and other institutions where women are
detained. They can investigate potential violations of women’s rights
within these institutions and recommend necessary improvements.
 **Funding Litigation:** In specific situations, the NCW can provide
financial assistance to women for pursuing legal cases related to
significant public interest issues impacting women’s rights.
 **Reporting to the Government:** The NCW submits periodic reports
to the government highlighting their activities, findings, and
recommendations. This transparency keeps the government
accountable for addressing critical women’s issues.
By undertaking these diverse functions, the National Commission for
Women strives to create an environment where women’s rights are
respected, protected, and promoted throughout India.