School of Law,

VIT,Chennai
BALLB 6th semester
Women and Law
Constitution and women Rights

Date:30-01-2024
Outline
● Preamble -
● Fundamental Rights -
● Directive Principles of State Policy -
● Fundamental Duties -
● Women’s reservation in representative bodies.
Preamble

● A preamble is considered as the introductory part of the document explaining the purpose,
philosophy, rules, and regulations of the same. The word preamble has been taken from Latin
praeambulum, the meaning of which is ‘walking before’. This is what the preamble does, it walks
before the speech just to explain what is coming next.
● When it comes to the definition of preamble, it is described as the introductory and expressionary
statement in the document the main purpose of which is to explain the purpose and underlying
philosophy of the document. The preamble is mostly used for official or formal documents such as
the Indian Constitution.

What Is Meant By The Preamble Of The Indian Constitution?

● The Preamble of the Indian constitution acts as the introduction to the same that includes the sets of
rules and regulations further guiding the citizens of the country. The inspiration and motto of the
Indian citizens are explained in the Preamble. It is considered the beginning and base of the Indian
Constitution.
THE PREAMBLE OF THE CONSTITUTION

● Preamble lays down the main objectives which the legislation intends to achieve.
Preamble of the Constitution contains ideals which the Constitution seeks to achieve.

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 the 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.
Importance of Preamble

Preamble generally sets the ideals and goals which the makers of the Constitution intend to achieve.

● In Re Berubari Union case (1960) the Supreme Court held that the Preamble is not the part of the
Constitution.

● Later in Keshavanand Bharti v. State of Kerala (1973) the Supreme Court held that the
Preamble is the part of the Constitution. The court held that the Preamble of the Constitution is of
extreme importance and the Constitution should be read and interpreted in the light of the
Preamble. The court further held that the Preamble can be amended without altering the basic
structure of the Constitution.

● In Sajjan Singh v. State of Rajasthan (1965) Supreme Court held that Preamble is the sum and
substance of the features of the Constitution.

● In S.R. Bommai v. Union of India (1994) Supreme Court reiterated the view held in
Keshavananda Bharti case and held that Preamble is an integral part of the Constitution.

● In K.K. Bhaskaran v. State (2011) Supreme Court held that the Constitution should be
interpreted in such manner so as to secure the goal of social, economic and political justice.
● In Nandini Sundar v. State of Chhattisgarh (2011) Supreme Court said that promise to provide
social, economic and political justice given in the Preamble cannot be forgotten or neglected.
DIRECTIVE PRINCIPLES OF STATE POLICY [Part IV. Articles 36-51]
They are borrowed from the Constitution of Ireland, which had copied it from the Spanish
Constitution.
● Article 37 provides that provisions contained in Part IV are not enforceable in any court
but the principles laid down are fundamental in governance of the country and it shall be
the duty of the State to apply these principles in making laws.

● This Article makes it clear that directive principles are ideals which the State must keep in
mind while they formulate the policies and laws. The idea of welfare State can only be
achieved if the State implements these policies.

⚫ These principles cannot be challenged in any court of law i.e. they are not justiciable.

In Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161

The Supreme Court held that though directive principles are unenforceable by the courts and
the courts cannot direct the legislature or executive to enforce them, yet once a legislation in
pursuance of them has been passed, the courts can order the State to enforce the law.
● The State to direct its policy towards securing for men and women equally the right to an adequate
means of livelihood (Article 39(a)); and equal pay for equal work for both men and women (Article 39(d)
● In Randhir Singh v. Union of India, AIR 1982 SC 879, Supreme Court held that directive principle of
equal pay for equal work is not a fundamental right but since it is a constitutional goal it can be enforced
through Article 32.
● To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable legislation or
scheme or in any other way to ensure that opportunities for securing justice are not denied to any citizen
by reason of economic or other disabilities (Article 39 A) inserted 42nd constitutional amendment
● The State to make provision for securing just and humane conditions of work and for maternity relief
(Article 42)
● 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)
● The State to raise the level of nutrition and the standard of living of its people (Article 47)
Part IV-A containing Article 51-A was added by 42 Constitution Amendment, 1976.
They are borrowed from USSR
● Originally it contained 10 fundamental duties. The 11 fundamental duty was added by 86* Constitution
Amendment, 2002.
Following are the 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 which inspired our 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, to renounce practices deroga- tory to the dignity of
women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures;
(h) to develop the 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.
(k) who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward
between the age of six and fourteen years.
 Reservation of women in representative bodies
● The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 has been
unanimously passed from Lok Sabha and Rajya Sabha. The Bill seeks to reserve one-third of
the total number of seats in Lok Sabha and state legislative assemblies for women.
. In the Lok Sabha and State Legislative Assemblies, women would receive 33% of the seats under
the introduced legislation.
What are the Key features of the Bill?
● Reservation for Women in Lower House: The Bill provided for inserting Article 330A to the
constitution, which borrows from the provisions of Article 330, which provides for reservation of
seats to SCs/STs in the Lok Sabha.
● The Bill provided that reserved seats for women may be allotted by rotation to different
constituencies in states or Union Territories.
● In the seats reserved for SCs/STs, the Bill sought to provide one-third of the seats to be
reserved for women on rotational basis.
● The Bill introduces Article 332A, which mandates the reservation of seats for women in every
state Legislative Assembly. Additionally, one-third of the seats reserved for SCs and STs must
be allocated for women, and one-third of the total seats filled through direct elections to the
Legislative Assemblies shall also be reserved for women.
● Article 239AA to the constitution grants special status to the Union Territory of Delhi as national
capital with regards to its administrative and legislative functioning.
● Article 239AA(2)(b) was amended by the bill accordingly to add that the laws framed by
parliament shall apply to the National Capital territory of Delhi.
● Commencement of Reservation (New article - 334A): The reservation will be effective after the
census conducted after the commencement of this Bill has been published. Based on the
census, delimitation will be undertaken to reserve seats for women.
● The reservation will be provided for a period of 15 years. However, it shall continue till such date
as determined by a law made by Parliament
● The Convention on the Elimination of All Forms of Discrimination Against Women, 1979 mandates
the eradication of gender-based discrimination in political and public spheres, with India being a
signatory.
● Despite progress, the representation of women in decision-making bodies remains relatively low,
increasing from 5% in the first Lok Sabha to 15% in the 17th Lok Sabha.
● Constitutional amendments aimed at reserving seats for women in Parliament and state legislative
assemblies were proposed in 1996, 1998, 1999, and 2008.
● The first three Bills(1996, 1998, 1999) expired when their respective Lok Sabhas dissolved.
● The 2008 Bill was introduced in and approved by the Rajya Sabha but also lapsed when the 15th
Lok Sabha dissolved.

● Article 243D of the Constitution has a provision for the reservation of seats for SCs, STs, and women
in Panchayats.

● It also says that nothing in this part shall prevent the legislature of a state from making any provision
for the reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any
level in favour of the backward classes of citizens.
● According to the provisions of Article 243D, women are required to hold no less than one-third of the
seats reserved for SCs and STs
243T. Reservation of seats.
(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and
the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total
number of seats to be filled by direct election in that Municipality as the population of the Scheduled
Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total
population of that area and such seats may be allotted by rotation to different constituencies in a
Municipality.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for
women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in
every Municipality shall be reserved for women and such seats may be allotted by rotation to different
constituencies in a Municipality.
(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons
(other than the reservation for women) under clause (4) shall cease to have effect on the expiration of
the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation
of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of
citizens.