constitution module 5

8/2/2019 Constitution Module 5

1/24

Module 5

Indian constitution

Fundamental rights and duties

Directive principles of state policy

Unity in diversity


2/24

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.

Is concerned with the relations between the

different levels of govt. and between the govt.

and the citizens


3/24

Constituent Assembly

Set up under the Cabinet Mission plan of May

16, 1946

Consisted of members indirectly elected fromthe existing Provincial assemblies(PA) and

members nominated by the rulers of the

Princely states(PS)

Total 299 members; 229 from PAs and rest

from PSs.


4/24

Working of the constituent assembly

President: Dr. Rajendra Prasad

Large no. of committees and sub committees

Committees dealt with:Matters concerning with procedures

Matters concerning with issues

Chairman of Drafting committee: Dr. B R

AmbedkarThe assembly met for 166 days spread over 2years, 11 months and 8 days


5/24

Objectives of the constitution

The background was:

200 years of colonial rule

A mass based freedom struggle

National movement

Partition

Spread of communal violence

The framers were concerned about theaspirations of the people, integrity and unity ofthe country and establishment of a democraticsociety.


6/24


7/24

Key words

Sovereign, Socialist, Secular, Democratic

Republic

Justice, liberty and equalityFraternity, dignity, unity and integrity


8/24

Salient features of Indian Constitution

Written constitution

Largest constitution: 395 articles, 8 schedules

USA: 7 articlesCanada: 147

Australia: 128

Sovereign, Democratic and RepublicParliamentary type of government

Partly unitary and partly federal


9/24

Partly rigid and partly flexible

Fundamental rights

fundamental duties

Directive Principles of State PolicyIndependent judiciary

Secular state

Single citizenship

Universal adult franchise

Official language of India.


10/24

Fundamental rights

Right to equality: article 14-16

Article 14: equality before law as well as equal

protection from law

Article 15: prohibits discrimination

Article 16: equality of opportunity

Article 17: untouchability as a punishable offence

Article 18: prohibits the state from conferring any

title other than military or academic


11/24

Right to freedom Article 19-22

Article 19 guarantees six freedoms:Freedom of speech and expression

Freedom of assembly

Freedom of association without armsFreedom of movement

Freedom to reside and settle anywhere in India

Freedom to practice any profession

Article 20 protection from conviction foroffences in certain respects

Article 22- rights of persons arrested anddetained, also to detain persons


12/24

Right against exploitation: article 23-24

Article 23: prohibits human trafficking

Article 24: prohibits employment of children below 14 yrsof age

Right to freedom of religion: article 25-28Article 25: right to preach, practice and propagate anyreligion

Article 26: guarantees all denominations can manage theirown religious affairs

Article 27: no person can be compelled to pay taxes forpromoting their religion or religious institutions

Article 28: prohibits religious instructions in a wholly statefunded institution.


13/24

Cultural and educational rights: article 29-30

Article 29: any section of citizens can conserve and

develop their language, culture, script etc

Article 30: confers upon all religious and linguistic

minorities the right to set up and administer

educational institutions of their choice in order to

preserve and develop their own culture, and prohibits

the State, while granting aid, from discriminatingagainst any institution on the basis of the fact that it is

administered by a religious or cultural minority


14/24

Right to constitutional remedies: Article 32

Provides guarantee for enforcement of all

fundamental rights

Supreme Court is designated as the protector of

these fundamental rights.


15/24

Directive Principles of State Policy

Are not enforceable by law but these

principles are the fundamentals in the

governance of the country.

It is the duty of the states to apply these

principles while making laws.

Articles 36-51 deals with DPSP

Article 36: definition

Article 37: application of the principles


16/24

Article 38. State to secure a social order for

the promotion of welfare of the people.

Article 39. Certain principles of policy to befollowed by the State

article 39A. Equal justice and free legal aid

Article 40. Organisation of village panchayats

Article 41. Right to work, to education and to

public assistance in certain cases


17/24

Article 39

(a) that the citizens, men and women equally, have the right to an

adequate means of livelihood;

(b) that the ownership and control of the material resources of the

community are so distributed as best to subserve the common good;

(c) that the operation of the economic system does not result in theconcentration of wealth and means of production to the common

detriment;

(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the

tender age of children are not abused and that citizens are not forced byeconomic necessity to enter avocations unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a

healthy manner and in conditions of freedom and dignity and that

childhood and youth are protected against exploitation and against moral

and material abandonment.


18/24

Article 39A. Equal justice and free legal aid

Article 40. Organisation of village panchayats

Article 41. Right to work, to education and topublic assistance in certain cases


19/24

Article 42. Provision for just and humane

conditions of work and maternity relief

Article 43. Living wage, etc., for workersArticle 43A. Participation of workers in

management of industries

Article 44. Uniform civil code for the citizensArticle 45. Provision for free and compulsory

education for children


20/24

Article 46. Promotion of educational and

economic interests of Scheduled Castes,

Scheduled Tribes and other weaker sections

Article 47. Duty of the State to raise the level

of nutrition and the standard of living and to

improve public health

Article 48. Organisation of agriculture and

animal husbandry


21/24

Article 48A. Protection and improvement ofenvironment and safeguarding of forests andwild life

Article 49. Protection of monuments andplaces and objects of national importance

Article 50. Separation of judiciary from

executiveArticle 51. Promotion of international peaceand security


22/24

Fundamental duties

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

(b) to cherish and follow the noble ideals which inspiredour national struggle for freedom;

(c) to uphold and protect the sovereignty, unity andintegrity of India;

(d) to defend the country and render national service whencalled upon to do so;

(e) to promote harmony and the spirit of common

brotherhood amongst all the people of India transcendingreligious, linguistic and regional or sectional diversities; torenounce practices derogatory to the dignity of women


23/24

(f) to value and preserve the rich heritage of ourcomposite culture;

(g) to protect and improve the natural environmentincluding 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 ofindividual and collective activity so that the nationconstantly rises to higher levels of endeavour andachievement.]


24/24

Eleventh duty added by 86th Amendment in

2002: duty of every parent or guardian to

ensure that their child or ward was provided

opportunities for education between the ages

of six and fourteen years

constitution module 5

Documents