Difference between revisions of "Fundamental Rights, Directive Principles and Fundamental Duties of India" - New World Encyclopedia
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| − | {{ | + | [[Image:Constitution of India.jpg|thumb|right|300px|The Preamble of the [[Constitution of India]]—India's fundamental and supreme law]] |
| − | [[Image:Constitution of India.jpg|thumb|right|300px|The Preamble of the [[Constitution of India]] | + | The '''Fundamental Rights''', '''Directive Principles of State Policy''' and '''Fundamental Duties''' represent sections of the [[Constitution of India]] that prescribe the fundamental obligations of the State{{fn|°}} to its citizens and the duties of the citizens to the State. Those sections comprise a constitutional [[bill of rights]] guidelines for government policy-making and the behavior and conduct of citizens developed between 1947 and 1949 by the [[Constituent Assembly of India]]. |
| − | The '''Fundamental Rights''', '''Directive Principles of State Policy''' and '''Fundamental Duties''' | + | {{toc}} |
| + | Credit for the remarkable success of India in establishing itself as a [[Republic of India|Republic]] in the face of seemingly insurmountable challenges goes the [[Fundamental Rights]], [[Directive Principles]], and [[Fundamental Duties]]. The first and foremost task of a government is to protect the basic rights of its citizens to [[life]], [[liberty]], [[property]], freedom of religious belief and practice, and freedom of association. If that is lacking, economic and social justice will fail. The rights, principles, and duties have provided the stability and balance needed for the Indian ship of state to sail safely through treacherous waters. | ||
| + | |||
| + | ==Overview== | ||
The [[Fundamental Rights in India|''Fundamental Rights'']] are defined as the basic [[human rights]] of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, [[caste]], creed or gender. They are enforceable by the courts, subject to specific restrictions. | The [[Fundamental Rights in India|''Fundamental Rights'']] are defined as the basic [[human rights]] of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, [[caste]], creed or gender. They are enforceable by the courts, subject to specific restrictions. | ||
| − | The [[Directive Principles of India|''Directive Principles of State Policy'']] | + | The [[Directive Principles of India|''Directive Principles of State Policy'']] serve as guidelines for the framing of laws by the government. Those provisions (set out in Part IV of the Constitution), rather than laws enforceable by the courts, set forth principles for the fundamental guidelines for the State to apply in framing and passing laws. |
| − | The ''Fundamental Duties'' | + | The ''Fundamental Duties'' have been defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. Those duties (set out in Part IV–A of the constitution) concern individuals and the nation. Like the Directive Principles, they represent guidelines rather than enforceable laws. |
==History== | ==History== | ||
{{main|Indian independence movement|Constitution of India}} | {{main|Indian independence movement|Constitution of India}} | ||
| − | + | Historical documents such as [[Bill of Rights 1689|England's Bill of Rights]], the [[United States Bill of Rights]] and [[Declaration of the Rights of Man and of the Citizen|France's Declaration of the Rights of Man]] inspired the development of constitutional rights in India.<ref>B.B. Tayal and A. Jacob, 2005, A-23</ref> | |
| − | In 1928, an [[Nehru Report|All Parties Conference]] of representatives from Indian political parties proposed constitutional reforms for India. | + | In 1928, an [[Nehru Report|All Parties Conference]] of representatives from Indian political parties proposed constitutional reforms for India. That 11-member committee, led by [[Motilal Nehru]], had been called into existence as a formal instrument to complement the widespread [[Non-Cooperation Movement|civil disobedience]] campaigns of the 1920s. Those mass campaigns had originally been a response to the [[Rowlatt Act]]s, which in 1919 had given the British colonial government the powers of arrest and detention, conduction of searches and seizures without warrants, restriction of public gatherings and censorship of the press. Demanding [[dominion]] status and elections under universal suffrage, the committee called for guarantees of rights deemed fundamental, representation for religious and ethnic minorities and limitations on government powers. |
In 1931, the [[Indian National Congress]], at its [[Karachi]] session, adopted resolutions defining, as well as committing itself to the defence of fundamental civil rights, including socio-economic rights such as [[minimum wage]], the abolition of [[untouchability]] and [[serfdom]].<ref>{{cite book | In 1931, the [[Indian National Congress]], at its [[Karachi]] session, adopted resolutions defining, as well as committing itself to the defence of fundamental civil rights, including socio-economic rights such as [[minimum wage]], the abolition of [[untouchability]] and [[serfdom]].<ref>{{cite book | ||
| Line 29: | Line 32: | ||
}}</ref> Committing themselves to [[socialism]] in 1936, the leaders of the Congress party took examples from the [[Constitution of the Soviet Union|Soviet constitution]], which inspired the fundamental duties of citizens as a means of collective, patriotic responsibility. | }}</ref> Committing themselves to [[socialism]] in 1936, the leaders of the Congress party took examples from the [[Constitution of the Soviet Union|Soviet constitution]], which inspired the fundamental duties of citizens as a means of collective, patriotic responsibility. | ||
| − | The | + | The Constituent Assembly of India, which composed of elected representatives under the presidency of [[Rajendra Prasad]] undertook the task of developing a constitution for an independent India. The assembly appointed a [[Constitution of India#History|constitution drafting committee]] headed by [[Bhimrao Ramji Ambedkar]]. The adoption of the [[Universal Declaration of Human Rights]] by the [[U.N. General Assembly]] on 10 December 1948 influenced the process. The declaration called upon all member States to adopt those rights in their constitutions. The final draft of the constitution included The Fundamental Rights and Directive Principles promulgated on November 26, 1949, while the [[Constitution of India#Amendments|42nd Amendment Act]] added the Fundamental Duties to the constitution in 1976.<ref name="42amact">[http://indiacode.nic.in/coiweb/amend/amend42.htm 42nd Amendment Act, 1976].</ref> Changes in Fundamental Rights, Directive Principles and Fundamental Duties require a constitutional amendment, that must be passed by a two-thirds majority in both houses of [[Parliament of India|Parliament]]. |
==Fundamental Rights== | ==Fundamental Rights== | ||
{{main|Fundamental Rights in India}} | {{main|Fundamental Rights in India}} | ||
| − | + | The Fundamental Rights (embodied in Part III of the constitution) guarantee civil liberties such that all Indians can lead their lives in peace as citizens of India. The six fundamental rights include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to constitutional remedies.<ref name=constpartIII>[[wikisource:Constitution of India/Part III|Constitution of India-Part III Fundamental Rights]].</ref> | |
| − | |||
| − | The Fundamental Rights | ||
| − | + | Those include individual rights common to most [[liberal democracy|liberal democracies]], incorporated in the fundamental law of the land, enforceable in a court of law. Violations of those rights result in punishments as prescribed in the [[Indian Penal Code]], subject to discretion of the [[judiciary]]. Neither absolute nor immune from constitutional amendments, the rights have been aimed at overturning the inequalities of pre-independence social practices. Specifically, they resulted in abolishment of untouchability and prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They forbid [[human trafficking]] and [[unfree labour]]. They protect cultural and educational rights of ethnic and religious [[minorities]] by allowing them to preserve their languages and administer their own educational institutions. | |
| − | All people, irrespective of race, religion, caste or sex, have the right to approach the [[High Courts of India|High Courts]] or the [[Supreme Court of India|Supreme Court]] for the enforcement of their fundamental rights. | + | All people, irrespective of race, religion, caste or sex, have the right to approach the [[High Courts of India|High Courts]] or the [[Supreme Court of India|Supreme Court]] for the enforcement of their fundamental rights. The aggrieved party may have a case brought before the courts without their request. In public interest, anyone can initiate litigation in the court on their behalf, called "[[Public interest litigation]]".<ref>{{cite web |
| url = http://www.worldlii.org/int/cases/ICHRL/1995/69.html | | url = http://www.worldlii.org/int/cases/ICHRL/1995/69.html | ||
| title = ''Bodhisattwa Gautam vs. Subhra Chakraborty''; 1995 ICHRL 69 | | title = ''Bodhisattwa Gautam vs. Subhra Chakraborty''; 1995 ICHRL 69 | ||
| publisher = [http://www.worldlii.org/ World Legal Information Institute] | | publisher = [http://www.worldlii.org/ World Legal Information Institute] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
| − | }} | + | }} As in the case on behalf of the Public interest introduced (date of ruling December 15, 1995).</ref> High Court and Supreme Court judges can also act on their own on the basis of media reports. |
{{Rights}} | {{Rights}} | ||
| − | The Fundamental Rights | + | The Fundamental Rights emphasize equality by guaranteeing to all citizens the access and use of public institutions and protections, irrespective of their background. The rights to life and personal liberty apply for persons of any nationality, while others, such as the freedom of speech and expression apply only to the [[Indian nationality law|citizens of India]] (including [[NRI|non-resident Indian citizens]]).<ref>Tayal and Jacob 2005, A-25</ref> The right to equality in matters of public employment applies only to citizens in India, [[Indian nationality law#Overseas citizenship of India|overseas citizens of India]] stand outside the protection of the law.<ref name="OCI">{{cite web |
| url = http://rajyasabha.nic.in/legislative/amendbills/XXXIX_2003.pdf | | url = http://rajyasabha.nic.in/legislative/amendbills/XXXIX_2003.pdf | ||
| title = ''Citizenship (Amendment) Bill, 2003'' | | title = ''Citizenship (Amendment) Bill, 2003'' | ||
| Line 52: | Line 53: | ||
| pages = 5 | | pages = 5 | ||
| publisher = [http://rajyasabha.nic.in/ Rajya Sabha] | | publisher = [http://rajyasabha.nic.in/ Rajya Sabha] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
}}</ref> | }}</ref> | ||
| − | Fundamental Rights primarily protect individuals from any arbitrary State actions, but | + | Fundamental Rights primarily protect individuals from any arbitrary State actions, but individuals may have legal action taken against them for violation of fundamental rights.<ref>{{cite web |
| url = http://www.worldlii.org/int/cases/ICHRL/1995/69.html | | url = http://www.worldlii.org/int/cases/ICHRL/1995/69.html | ||
| title = ''Bodhisattwa Gautam vs. Subhra Chakraborty''; 1995 ICHRL 69 | | title = ''Bodhisattwa Gautam vs. Subhra Chakraborty''; 1995 ICHRL 69 | ||
| publisher = [http://www.worldlii.org/ World Legal Information Institute] | | publisher = [http://www.worldlii.org/ World Legal Information Institute] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
| − | }} | + | }} For example, the case where Fundamental Rights enforced against private individuals (date of ruling December 15, 1995).</ref> For instance, the constitution abolishes untouchability and prohibits ''[[Unfree labour|begar]]''. Those provisions act as a check both on State action and actions of private individuals. Fundamental Rights have a relative nature, subject to reasonable restrictions as necessary for the protection of national interest. In the [[Basic structure#The Kesavananda Case of 1973|''Kesavananda Bharati vs. state of Kerala'' case]], the Supreme Court ruled that all provisions of the constitution, including Fundamental Rights can be amended.<ref>[[Basic structure#The Kesavananda Case of 1973|''Kesavananda Bharati vs. state of Kerala''; AIR 1973 S.C. 1461, (1973) 4 SCC 225]]—in what became famously known as the "Fundamental Rights case," the [[Supreme Court of India|Supreme Court]] ruled the basic structure of the constitution unamendable.</ref> The Parliament must preserve the basic structure of the constitution like secularism, democracy, federalism, separation of powers. Often called the "Basic structure doctrine," that decision has taken has become widely regarded as an important part of Indian history. In the 1978 ''[[Maneka Gandhi]] v. Union of India'' case, the Supreme Court extended the doctrine's importance as superior to any parliamentary legislation.<ref name="Maneka">{{cite web |
| url = http://www.sabrang.com/cc/archive/2005/sep05/update.html | | url = http://www.sabrang.com/cc/archive/2005/sep05/update.html | ||
| title = Maneka Gandhi case | | title = Maneka Gandhi case | ||
| publisher = Sabrang.com | | publisher = Sabrang.com | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
}}</ref> According to the verdict, no act of parliament can be considered a law if it violated the basic structure of the constitution. This landmark guarantee of Fundamental Rights was regarded as a unique example of judicial independence in preserving the sanctity of Fundamental Rights.<ref name="Maneka">{{cite web | }}</ref> According to the verdict, no act of parliament can be considered a law if it violated the basic structure of the constitution. This landmark guarantee of Fundamental Rights was regarded as a unique example of judicial independence in preserving the sanctity of Fundamental Rights.<ref name="Maneka">{{cite web | ||
| url = http://www.sabrang.com/cc/archive/2005/sep05/update.html | | url = http://www.sabrang.com/cc/archive/2005/sep05/update.html | ||
| title = Maneka Gandhi case | | title = Maneka Gandhi case | ||
| publisher = Sabrang.com | | publisher = Sabrang.com | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
}}</ref> | }}</ref> | ||
| − | The Fundamental Rights can only be altered by a constitutional amendment, hence their inclusion | + | The Fundamental Rights can only be altered by a constitutional amendment, hence their inclusion serves as a check on the executive branch, the Parliament and state legislatures.<ref>Tayal and Jacob 2005, A-24</ref> The imposition of a [[State of Emergency in India|state of emergency]] may lead to a temporary suspension of the rights conferred by Article 19 (including freedoms of speech, assembly and movement, etc.) to preserve national security and public order. The President can, by order, suspend the right to constitutional remedies as well. |
[[Image:Dyfikolkata (54).jpg|thumb|left|Huge rallies like this one in [[Kolkata]] are commonplace in [[India]].]] | [[Image:Dyfikolkata (54).jpg|thumb|left|Huge rallies like this one in [[Kolkata]] are commonplace in [[India]].]] | ||
===Personal rights=== | ===Personal rights=== | ||
| − | The right to equality | + | The right to equality constitutes one of the chief guarantees given in Articles 14, 15, 16, 17 and 18 of the constitution. The right serves as the principal foundation of all other rights, guaranteeing equality of all citizens before law, social equality, equal access to public areas, equality in matters of public employment, the abolition of untouchability and of titles.<ref>[[wikisource:Constitution of India/Part III|Constitution of India-Part III Fundamental Rights]].</ref> Reservations (i.e, quotas in jobs, education, etc.) can be made for women, children, [[scheduled castes]] and [[scheduled tribes]]. |
| − | The State | + | The Fundamental Rights prohibit the State from discriminating against anyone in the matters of employment except for the implementation of any mandated quotas, and when the case for specific knowledge has been made. To preserve religious freedom, the holder of an office of any religious institution should be a person professing that particular religion.<ref>[[wikisource:Constitution of India/Part III|Constitution of India-Part III Article 16 Fundamental Rights]].</ref> The right to equality in matters regarding public employment applys only to within India, [[Indian nationality law#Overseas citizenship of India|overseas citizens of India]] stand beyond the scope of the law.<ref name="OCI"/> The practise of untouchability has been declared an offence punishable by law. The law prohibits the State from conferring, and citizens of India from accepting, titles from a foreign State. Indian aristocratic titles such as ''Rai Bahadurs'' and ''Khan Bahadurs'' have been abolished. Military and academic distinctions may be conferred on the citizens of India. Law specifies that recipients of awards such as the ''[[Bharat Ratna]]'' "cannot be used by the recipient as a title."<ref>{{cite book |
| last = Basu | | last = Basu | ||
| first = Durga Das | | first = Durga Das | ||
| Line 85: | Line 86: | ||
| publisher = Prentice Hall of India | | publisher = Prentice Hall of India | ||
| location = New Delhi | | location = New Delhi | ||
| − | }}</ref> A ruling by the Supreme Court on | + | }}</ref> A ruling by the Supreme Court on December 15, 1995 upheld the validity of such awards. |
[[Image:MadrasHighCourtManuNeedhiCholanStatue.jpg|thumb|150px|A statue of the legendary king [[Manuneedhi Cholan]], who stood for fairness and justice, inside the [[Madras High Court]] campus.]] | [[Image:MadrasHighCourtManuNeedhiCholanStatue.jpg|thumb|150px|A statue of the legendary king [[Manuneedhi Cholan]], who stood for fairness and justice, inside the [[Madras High Court]] campus.]] | ||
| − | + | Articles 19, 20, 21 and 22 state the right to freedom with the view of guaranteeing individual rights considered vital by the framers of the constitution. The right to freedom encompasses the [[freedom of expression]], the [[freedom of assembly|freedom to assemble]] peacefully without arms, the freedom to form associations and unions, the freedom to move freely and settle in any part of the territory of India and the freedom to practise any profession.<ref>[[wikisource:Constitution of India/Part III|Constitution of India-Part III Article 19 Fundamental Rights]].</ref> Restrictions can be imposed on all those rights in the interest of security, decency and morality. The constitution guarantees the right to life and personal liberty. Protection with respect to conviction for offences, protection of life and personal liberty and the rights of a person arrested under ordinary circumstances<ref>[[wikisource:Constitution of India/Part III|Constitution of India-Part III Article 22 Fundamental Rights]].</ref> reside in the right to life and personal liberty. | |
| − | The Right to freedom of religion' | + | The Right to freedom of religion' (covered in Articles 25, 26, 27 and 28) provides [[religious freedom]] to all citizens and preserves the principle of secularism in India. According to the constitution, all religions stand equally before the State. Citizens may preach freely, practice and propagate any religion of their choice.<ref name=constpartIIIart25>[[wikisource:Constitution of India/Part III|Constitution of India-Part III Article 25 Fundamental Rights]].</ref> Several distinct and often controversial practises, such as the wearing and carrying of ''[[kirpan]]s'' constitutes the profession of [[Sikhism]] and stands protected under law.<ref name=constpartIIIart25/> Religious communities can set up charitable institutions of their own, subject to certain restrictions in the interest of public order, morality and health. The law forbids compelling any person to pay taxes for the promotion of a religion nor may a State-run institution present education associated with a particular religion. |
===Economic and social rights=== | ===Economic and social rights=== | ||
| − | The cultural and educational | + | The cultural and educational rights (given in Articles 29 and 30) represent measures to protect the rights of ethnic and religious minorities. Any community with a language and a script of its own has the right to conserve and develop them.<ref name=constpartIIIart29>[[wikisource:Constitution of India/Part III|Constitution of India-Part III Article 24 Fundamental Rights]].</ref> All citizen's enjoy equal opportunity for admission in State or State-aided institutions.<ref name=constpartIIIart29/> All religious and ethno-linguistic communities can set up their own educational institutions to preserve and develop their own culture.<ref name="constpartIIIart30">Constitution of India-Part III Article 30 Fundamental Rights.</ref> In granting aid to institutions, the State must respect all institutions administered by a minorities.<ref name="constpartIIIart30"/> The right to education at elementary level has been made one of the Fundamental Rights under [[Fundamental Rights in India#Right to Freedom|right to life and personal liberty]] by the 86th constitutional amendment of 2002.<ref name="86amact">[http://indiacode.nic.in/coiweb/amend/amend86.htm 86th Amendment Act, 2002].</ref> |
[[Image:ChildLabor1910.png|thumb|180px|left|[[Child labor]] and [[Unfree labour|''Begar'']] is prohibited under Right against exploitation.]] | [[Image:ChildLabor1910.png|thumb|180px|left|[[Child labor]] and [[Unfree labour|''Begar'']] is prohibited under Right against exploitation.]] | ||
| − | The Right against exploitation, given in Articles 23 and 24 provides for the abolition of human trafficking,<ref name="constpartIIIart23">[[wikisource:Constitution of India/Part III|Constitution of India-Part III Article 23 Fundamental Rights]].</ref> and the abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines.<ref>[[wikisource:Constitution of India/Part III|Constitution of India-Part III Article 24 Fundamental Rights]].</ref> Child labour | + | The Right against exploitation, given in Articles 23 and 24 provides for the abolition of human trafficking,<ref name="constpartIIIart23">[[wikisource:Constitution of India/Part III|Constitution of India-Part III Article 23 Fundamental Rights]].</ref> and the abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines.<ref>[[wikisource:Constitution of India/Part III|Constitution of India-Part III Article 24 Fundamental Rights]].</ref> Child labour represents a violation of the spirit and provisions of the constitution. ''Begar'' (forced and unfree labour), practiced in the past by landlords, has been declared a crime punishable by law. Law prohibits trafficking in humans for the purpose of slave trade or prostitution. Exceptions for employment without payment cover services for public purposes, such as compulsory military [[conscription]].<ref name="constpartIIIart23"/> |
| − | The Right to constitutional remedies empowers the citizens to approach a [[court]] of law to appeal against denial of the Fundamental Rights. For instance, in case of imprisonment, the person can | + | The Right to constitutional remedies empowers the citizens to approach a [[court]] of law to appeal against denial of the Fundamental Rights. For instance, in case of imprisonment, the person can request the court to review the ruling in light of the provisions of the law of the country. If the court finds violations, the person will be released from custody. The procedure of asking the courts to preserve or safeguard the citizens' Fundamental Rights can be done in various ways. The courts can issue ''[[Writs#Indian law|writs]]'', namely ''[[habeas corpus]]'', ''[[mandamus]]'', ''prohibition'', ''[[quo warranto]]'' and ''[[certiorari]]''.<ref>[[wikisource:Constitution of India/Part III|Constitution of India-Part III Article 32 Fundamental Rights]].</ref> When the government declares a national or state emergency, the right may be suspended. |
| − | The Right to property | + | The Right to property constituted a Fundamental Right under Article 32 before revoked by the 44th Amendment Act of 1978.<ref name="44amact">[http://indiacode.nic.in/coiweb/amend/amend44.htm 44th Amendment Act, 1978].</ref> A new article, Article 300-A,<ref>[[wikisource:Constitution of India/Part XII#Chapter IV Right to Property|Constitution of India-Part XII Chapter IV Finance, Property, Contracts and Suits]]</ref> appended the constitution, providing protection of a person's property from confiscation, except by the authority of law. If a legislature makes a law depriving a person of his property, the State stands free of obligation to pay any compensation. The aggrieved person loses the right of appeal to court under Article 32. The right to property has been removed as a fundamental right, though possibly still a constitutional right. If the government appears to have acted unfairly, the action can be challenged in a court of law.<ref name="pgA33">Tayal and Jacob 2005, A-33</ref> |
==Directive Principles of State Policy== | ==Directive Principles of State Policy== | ||
{{main|Directive Principles in India}} | {{main|Directive Principles in India}} | ||
| − | [[ | + | [[File:Portrait_Gandhi.jpg|thumb|right|180px|[[Gandhism|Gandhian]] philosophy, originally propounded by [[Mahatma Gandhi]] has greatly influenced the Directive Principles.]] |
| − | The Directive Principles of State Policy, embodied in Part IV of the constitution, | + | The Directive Principles of State Policy, embodied in Part IV of the constitution, constitute directions given to the central and state governments to guide the establishment of a just society in the country. According to the constitution, the government should keep them in mind while framing laws, even though [[Justiciable|non-justiciable]] in nature. Directive Principles classify into the following categories: [[Gandhism|Gandhian]], social, economic, political, administrative, legal, environmental, protection of monuments, peace and security.<ref>[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Directive Principles of State Policy]].</ref> |
| − | The Directive Principles act as a check on the government; | + | The Directive Principles act as a check on the government; theorized as a yardstick in the hands of the people to measure the performance of the government. Article 31-C,<ref name="art31C">[[wikisource:Constitution of India/Part III|Constitution of India-Part III Article 31-C Fundamental Rights]].</ref> added by the 25th Amendment Act of 1971, seeks to upgrade the Directive Principles.<ref name="25amact">[http://indiacode.nic.in/coiweb/amend/amend25.htm 25th Amendment Act, 1971]. Retrieved February 16, 2009</ref> If the government made laws to give effect to the Directive Principles over Fundamental Rights, they shall remain valid even on the grounds that they take away the Fundamental Rights. In case of a conflict between Fundamental Rights and Directive Principles, if the latter aim at promoting larger interest of the society, the courts will have to uphold the case in favour of Directive Principles.<ref name="art31C"/> |
| − | The Directive Principles commit the State to promote the welfare of the people by affirming social, economic and political justice, as well as to fight [[economic inequality]].<ref>[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 38 Directive Principles of State Policy]].</ref> The State must continually work towards providing an adequate means of livelihood for all citizens, equal pay for equal work for men and women, proper working conditions, protection against exploitation and reduce the concentration of wealth and means of production from the hands of a few.<ref>[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 39 Directive Principles of State Policy]].</ref> The State must provide free [[legal aid]] to ensure that opportunities for securing justice | + | The Directive Principles commit the State to promote the welfare of the people by affirming social, economic and political justice, as well as to fight [[economic inequality]].<ref>[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 38 Directive Principles of State Policy]].</ref> The State must continually work towards providing an adequate means of livelihood for all citizens, equal pay for equal work for men and women, proper working conditions, protection against exploitation and reduce the concentration of wealth and means of production from the hands of a few.<ref>[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 39 Directive Principles of State Policy]].</ref> The State must provide free [[legal aid]] to ensure that opportunities for securing justice remain intact for all citizens in spite of economic or other disabilities.<ref name="art39A">[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 39A Directive Principles of State Policy]].</ref> The State should work for organization of village [[panchayat]]s, provide the [[right to work]], [[right to education|education]] and public assistance in certain cases;<ref name="art41">Constitution of India-Part IV Article 41 Directive Principles of State Policy.</ref> as well as the provision of just and humane conditions of work and maternity relief.<ref>[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 42 Directive Principles of State Policy]].</ref> A living wage and safe working conditions for citizens must be ensured, as must their participation in the management of industries. The State has a responsibility to secure a [[uniform civil code]] for all citizens,<ref>[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 44 Directive Principles of State Policy]].</ref> provide free and compulsory education to children,<ref name="art45">Constitution of India-Part IV Article 45 Directive Principles of State Policy.</ref> and to work for the economic uplift of [[scheduled caste]]s, [[scheduled tribe]]s and [[Other Backward Classes|other backward classes]]. |
| − | The Directive Principles commit the State to raise the standard of living and improve public health,<ref>[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 47 Directive Principles of State Policy]].</ref> and | + | The Directive Principles commit the State to raise the standard of living and improve public health,<ref>[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 47 Directive Principles of State Policy]].</ref> and organize agriculture and animal husbandry on modern and scientific lines. The State must safeguard the environment and wildlife of the country.<ref name="art48A">[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 48A Directive Principles of State Policy]].</ref> The State must ensure the preservation of monuments and objects of national importance and separation of judiciary from executive in public services<ref name="art50">Constitution of India-Part IV Article 50 Directive Principles of State Policy.</ref> The State must also strive for the maintenance of international peace.<ref>[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 51 Directive Principles of State Policy]].</ref> |
| − | The Directive Principles have been amended to meet definite objectives. Article 45, which ensures ''Provision for free and compulsory education for children'',<ref name="art45"/> was added by the [[Constitution of India#Amendments|86th Amendment Act, 2002]].<ref name="86amact"/> Article 48-A, which ensures ''Protection of the environment and wildlife'',<ref name="art48A"/> | + | The Directive Principles have been amended to meet definite objectives. Article 45, which ensures ''Provision for free and compulsory education for children'',<ref name="art45"/> was added by the [[Constitution of India#Amendments|86th Amendment Act, 2002]].<ref name="86amact"/> Article 48-A, which ensures ''Protection of the environment and wildlife'',<ref name="art48A"/> had been added by the 42nd Amendment Act, 1976.<ref name="42amact"/> |
<div style="clear: both"></div> | <div style="clear: both"></div> | ||
==Fundamental Duties== | ==Fundamental Duties== | ||
| − | The Fundamental Duties of citizens | + | The 42nd Amendment Act added the Fundamental Duties of citizens in 1976.<ref name="42amact"/> The ten Fundamental Duties (given in Article 51-A of the constitution) can be classified as either duties towards self, duties concerning the environment, duties towards the State and duties towards the nation.<ref>[[wikisource:Constitution of India/Part IVA|Constitution of India-Part IVA Fundamental Duties]].</ref> The 86th constitutional amendment added the 11th Fundamental Duty, which states that every citizen "''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''" in 2002.<ref name="86amact"/> |
| − | Citizens | + | Citizens have a moral obligation by the constitution to perform those duties, although non-justifiable, incorporated only with the purpose of promoting patriotism among citizens. Those obligations extend not only to the citizens, but also to the State.<ref name="pgA35">Tayal and Jacob 2005, A-35</ref><ref>Sinha, Das and Rashmi 2005, 30</ref> International instruments such as the Universal Declaration of Human Rights and [[International Covenant on Civil and Political Rights]] make reference to such duties. The Fundamental Duties obligate all citizens to respect the national symbols of India (including the constitution), to cherish its [[History of India|heritage]] and assist in its defense. It aims to promote the equality of all individuals, protect the environment and public property, to develop "scientific temper," to abjure violence, to strive towards excellence and to provide free and compulsory education.<ref name="art51A">[[wikisource:Constitution of India/Part IVA|Constitution of India-Part IVA Article 51A Fundamental Duties]].</ref> |
==Criticism and analysis== | ==Criticism and analysis== | ||
[[Image:Flag of India.svg|200px|thumb|left|Any act of disrespect towards the [[Flag of India|Indian National Flag]] is illegal.]] | [[Image:Flag of India.svg|200px|thumb|left|Any act of disrespect towards the [[Flag of India|Indian National Flag]] is illegal.]] | ||
| − | The Fundamental Rights have been | + | The Fundamental Rights have been criticized as inadequate in providing freedom and opportunity for all Indians. Many political groups have demanded that the [[right to work]], the right to economic assistance in case of unemployment and similar socio-economic rights be enshrined as constitutional guarantees,<ref name="pgA33"/> presently listed in the [[Directive Principles in India|directive principles of state policy]].<ref>[[wikisource:Constitution of India/Part IV|Constitution of India-Part IV Article 41 Directive Principles of State Policy]].</ref> The right to freedom contains a number of limiting clauses and has been criticised for failing to check government powers<ref name="pgA33"/> such as provisions of preventive detention and suspension of fundamental rights in times of [[State of Emergency in India|emergency]]. The phrases "security of State," "public order" and "morality" remain unclear, having wide implication. The meaning of phrases like "reasonable restrictions" and "the interest of public order" remain vague in the constitution, leading to frequent litigations.<ref name="pgA33"/> The ''[[Maintenance of Internal Security Act]]'' (1975) received strong criticism for giving then-Prime Minister [[Indira Gandhi]] the authority to arrest opposition leaders following the declaration of [[Indian Emergency|emergency in 1975]]. The ''[[Prevention of Terrorism Act]]'' (2002), now repealed,<ref name=POTArepeal>[http://in.news.yahoo.com/041206/43/2ib4w.html POTA repealed, new anti-terror law passed]</ref> has been criticized as unfairly targeting the [[Muslim]] community.<ref name="pgA33"/> Initially, the Supreme Court provided extensive power to the State in its verdict to the ''A. K. Gopalan vs. state of Madras'' case in 1950. The Court held that howsoever unreasonable, a law was valid if made by a legislature competent to enact it.<ref name="Maneka">{{cite web |
| url = http://www.sabrang.com/cc/archive/2005/sep05/update.html | | url = http://www.sabrang.com/cc/archive/2005/sep05/update.html | ||
| title = Maneka Gandhi case | | title = Maneka Gandhi case | ||
| publisher = Sabrang.com | | publisher = Sabrang.com | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
| − | }}</ref> If Parliament validly enacted a law permitting the State to kill without any judicial process, | + | }}</ref> If Parliament validly enacted a law permitting the State to kill without any judicial process, that would amount to "procedure established by law" and such killings would fall within the guarantee contained in Article 21.2. A series of decisions, starting from the 1970s and culminating in the judgment in 1978 ''Maneka Gandhi v. Union of India'', which issued the ''basic structure'' doctrine, led to the abandoning of that interpretation.<ref name="Maneka">{{cite web |
| url = http://www.sabrang.com/cc/archive/2005/sep05/update.html | | url = http://www.sabrang.com/cc/archive/2005/sep05/update.html | ||
| title = Maneka Gandhi case | | title = Maneka Gandhi case | ||
| publisher = Sabrang.com | | publisher = Sabrang.com | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
| − | }}</ref> In ''D. K. Basu vs. state of [[West Bengal]]'' the Supreme Court ruled that the limiting clauses of the constitution as well as international human rights instruments | + | }}</ref> In ''D. K. Basu vs. state of [[West Bengal]]'' the Supreme Court ruled that the limiting clauses of the constitution as well as international human rights instruments leave the Court's discretionary power to award compensation in the cases of illegal arrest or detention, protecting the rights of citizens in spite of prevailing circumstances.<ref>{{cite web |
| url = http://lawmin.nic.in/ncrwc/finalreport/v1ch3.htm#_ftnref9 | | url = http://lawmin.nic.in/ncrwc/finalreport/v1ch3.htm#_ftnref9 | ||
| title = Constitution report | | title = Constitution report | ||
| publisher = Ministry of Law and Justice, India | | publisher = Ministry of Law and Justice, India | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
| − | }}</ref> The freedom to assemble peaceably and without arms | + | }}</ref> The directives permit the freedom to assemble peaceably and without arms, but in many cases, the police brake up those meetings if they become disruptive.<ref>[http://web.mid-day.com/news/city/2006/may/137263.htm Senior Inspector justifies lathi-charge during the 2006 Indian anti-reservation protests], Retrieved February 16, 2009.</ref><ref>[http://www.dnaindia.com/report.asp?NewsID=1029206&CatID=1 Lathi Charge in Mumbai during the 2006 Indian anti-reservation protests], Retrieved February 16, 2009</ref> |
| − | [[Freedom of press]], meant to guarantee [[freedom of expression]], has | + | [[Freedom of press]], meant to guarantee [[freedom of expression]], has been left out of the constitution.<ref name="pgA33"/> Employment of child labour in hazardous environments has been reduced, but their employment in non-hazardous jobs, including their prevalent employment as domestic help violates the spirit of the constitution in the eyes of many critics and human rights advocates, as more than 16.5 million children are being used as labour.<ref>{{cite web |
| url = http://www.indiatogether.org/photo/2006/chi-labour.htm | | url = http://www.indiatogether.org/photo/2006/chi-labour.htm | ||
| title = Child labour in India | | title = Child labour in India | ||
| publisher = [http://www.indiatogether.org India Together] | | publisher = [http://www.indiatogether.org India Together] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
| − | }}</ref> India | + | }}</ref> India ranked 88 out of 159 countries in 2005 for the public's perception of [[Political corruption|corruption]] among public officials and politicians.<ref>[[Corruption Perceptions Index#Numerical listing|Index of perception of corruption]], published by [[Transparency International]].</ref> |
| − | Efforts to implement the Directive Principles include the [[Programme for the Universalisation of Elementary Education]] and the [[Five-Year Plans of India|Five-Year Plans]] have accorded the highest priority | + | Efforts to implement the Directive Principles include the [[Programme for the Universalisation of Elementary Education]] and the [[Five-Year Plans of India|Five-Year Plans]] have accorded the highest priority to provide free education to all children up to the age of fourteen. The 86th constitutional amendment of 2002 created Article 21-A, that seeks to provide free and compulsory education to all children aged six to fourteen years.<ref name="86amact"/> The State runs welfare programmes such as boys' and girls' hostels for scheduled castes and scheduled tribes' students.<ref name="pgA44">Tayal and Jacob 2005, A-44</ref> The government declared the year 1990–1991 the "Year of Social Justice" in the memory of B.R. Ambedkar.<ref>{{cite web |
| − | |||
| title = Dr. Bhimrao Ambedkar | | title = Dr. Bhimrao Ambedkar | ||
| publisher = [http://ambedkarfoundation.nic.in/ Dr. Ambedkar Foundation] | | publisher = [http://ambedkarfoundation.nic.in/ Dr. Ambedkar Foundation] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
| − | }}</ref> The government provides free textbooks to students belonging to scheduled castes and tribes pursuing medicine and engineering courses. During 2002–2003, a sum of [[Rupee|Rs.]] 4.77 crore (47.7 million) | + | }}</ref> The government provides free textbooks to students belonging to scheduled castes and tribes pursuing medicine and engineering courses. During 2002–2003, the government provided a sum of [[Rupee|Rs.]] 4.77 crore (47.7 million) for that purpose.<ref name="pgA45">Tayal and Jacob 2005, A-45</ref> To protect scheduled castes and tribes from discrimination, the government enacted the ''Prevention of Atrocities Act'' in 1995, prescribing severe punishments for such actions.<ref>{{cite web |
| url = http://www.hrw.org/reports/1999/india/India994-18.htm | | url = http://www.hrw.org/reports/1999/india/India994-18.htm | ||
| title = ''Prevention of Atrocities Act'', 1995 | | title = ''Prevention of Atrocities Act'', 1995 | ||
| publisher = [http://www.hrw.org/ Human Rights Watch] | | publisher = [http://www.hrw.org/ Human Rights Watch] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
}}</ref> | }}</ref> | ||
| − | Land reform legislations have been enacted several times to provide ownership rights to poor farmers.<ref>[http://indiacode.nic.in/coiweb/amend/amend40.htm 40th Amendment Act, 1976]</ref> Up to September 2001, more than 20 million acres (81,000 | + | Land reform legislations have been enacted several times to provide ownership rights to poor farmers.<ref>[http://indiacode.nic.in/coiweb/amend/amend40.htm 40th Amendment Act, 1976]</ref> Up to September 2001, more than 20 million acres (81,000 km_) of land had been distributed to scheduled castes, scheduled tribes and the landless poor. Banks have as a core policy objective improving banking facilities in the rural areas.<ref>{{cite web |
| url = http://indiabudget.nic.in/es97-98/chap32.pdf | | url = http://indiabudget.nic.in/es97-98/chap32.pdf | ||
| title = Banking Policy and Trends | | title = Banking Policy and Trends | ||
| format = PDF | | format = PDF | ||
| publisher = [http://indiabudget.nic.in/ Union Budget and Economic Survey] | | publisher = [http://indiabudget.nic.in/ Union Budget and Economic Survey] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
}}</ref> The [[Minimum wage|''Minimum Wages Act'']] of 1948 empowers government to fix minimum wages for people working across the economic spectrum.<ref>{{cite web | }}</ref> The [[Minimum wage|''Minimum Wages Act'']] of 1948 empowers government to fix minimum wages for people working across the economic spectrum.<ref>{{cite web | ||
| url = http://www.helplinelaw.com/bareact/index.php?dsp=min-wages | | url = http://www.helplinelaw.com/bareact/index.php?dsp=min-wages | ||
| title = ''Minimum Wages Act'', 1948 | | title = ''Minimum Wages Act'', 1948 | ||
| publisher = [http://www.helplinelaw.com/ Helplinelaw.com] | | publisher = [http://www.helplinelaw.com/ Helplinelaw.com] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
}}</ref> The [[Consumer Protection Act|''Consumer Protection Act'']] of 1986 provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to the consumer. <ref>{{cite web | }}</ref> The [[Consumer Protection Act|''Consumer Protection Act'']] of 1986 provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to the consumer. <ref>{{cite web | ||
| url = http://www.advocatekhoj.com/library/bareacts/consumerprotection/index.php?Title=ConsumerProtectionAct1986 | | url = http://www.advocatekhoj.com/library/bareacts/consumerprotection/index.php?Title=ConsumerProtectionAct1986 | ||
| title = ''Consumer Protection Act'', 1986 | | title = ''Consumer Protection Act'', 1986 | ||
| publisher = [http://www.advocatekhoj.com/ Advocatekhoj.com] | | publisher = [http://www.advocatekhoj.com/ Advocatekhoj.com] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
}}</ref> The ''Equal Remuneration Act'' of 1976 provides for equal pay for equal work for both men and women.<ref>{{cite web | }}</ref> The ''Equal Remuneration Act'' of 1976 provides for equal pay for equal work for both men and women.<ref>{{cite web | ||
| − | |||
| title = ''Equal Remuneration Act'', 1976 | | title = ''Equal Remuneration Act'', 1976 | ||
| publisher = [http://www.indialawinfo.com/ IndianLawInfo.com] | | publisher = [http://www.indialawinfo.com/ IndianLawInfo.com] | ||
| − | |||
}}</ref> The ''[[Sampoorna Grameen Rozgar Yojana]]'' (Universal Rural Employment Programme) was launched in 2001 to attain the objective of providing gainful employment for the rural poor. The programme was implemented through the [[Panchayat|Panchayati Raj institutions]].<ref>{{cite web | }}</ref> The ''[[Sampoorna Grameen Rozgar Yojana]]'' (Universal Rural Employment Programme) was launched in 2001 to attain the objective of providing gainful employment for the rural poor. The programme was implemented through the [[Panchayat|Panchayati Raj institutions]].<ref>{{cite web | ||
| url = http://rural.nic.in/book01-02/ch-2.pdf | | url = http://rural.nic.in/book01-02/ch-2.pdf | ||
| Line 183: | Line 181: | ||
| format = PDF | | format = PDF | ||
| publisher = [http://rural.nic.in/ Ministry of Rural Developement, India] | | publisher = [http://rural.nic.in/ Ministry of Rural Developement, India] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
}}</ref> | }}</ref> | ||
| Line 190: | Line 188: | ||
| title = Panchayati Raj in India | | title = Panchayati Raj in India | ||
| publisher = [http://www.empowerpoor.org/ Poorest Areas Civil Society] | | publisher = [http://www.empowerpoor.org/ Poorest Areas Civil Society] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
}}</ref> One-third of the total number of seats have been reserved for women in Panchayats at every level; and in the case of [[Bihar]], half the seats have been reserved for women.<ref>[http://indiacode.nic.in/coiweb/amend/amend73.htm 73rd Amendment Act, 1992]</ref> | }}</ref> One-third of the total number of seats have been reserved for women in Panchayats at every level; and in the case of [[Bihar]], half the seats have been reserved for women.<ref>[http://indiacode.nic.in/coiweb/amend/amend73.htm 73rd Amendment Act, 1992]</ref> | ||
<ref>{{cite web | <ref>{{cite web | ||
| Line 197: | Line 195: | ||
| format = PDF | | format = PDF | ||
| pages = 2 | | pages = 2 | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
| − | }}</ref> Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused | + | }}</ref> Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused lacks the means to engage a lawyer.<ref name="art39A"/> The judiciary has been separated from the executive "in all the states and territories except [[Jammu and Kashmir]] and [[Nagaland]]."<ref name="art50"/><ref name="pgA45"/> India's foreign policy has been influenced by the Directive Principles. India supported the [[United Nations]] in peace-keeping activities, with the [[Indian Army]] having participated in thirty seven UN peace-keeping operations.<ref>{{cite web |
| url = http://www.un.int/india/india_and_the_un_pkeeping.html | | url = http://www.un.int/india/india_and_the_un_pkeeping.html | ||
| title = India and United Nations | | title = India and United Nations | ||
| publisher = [http://www.un.int/india/ Permanent Mission of India to the United Nations] | | publisher = [http://www.un.int/india/ Permanent Mission of India to the United Nations] | ||
| − | | accessdate = | + | | accessdate = February 16, 2009 |
}}</ref> | }}</ref> | ||
| − | The implementation of a [[uniform civil code]] for all citizens has | + | The implementation of a [[uniform civil code]] for all citizens has fallen short of objectives owing to widespread opposition from various religious groups and [[List of political parties in India|political parties]]. The [[Shah Bano case]] (1985–1986) provoked a political firestorm in India when the Supreme Court ruled [[Shah Bano]], a Muslim woman whose husband divorced her in 1978, entitled to receive [[alimony]] from her former husband under Indian law applicable for all Indian women. That decision evoked outrage in the Muslim community, which sought the application of the [[All India Muslim Personal Law Board|Muslim personal law]] and in response the Parliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 overturning the Supreme Court's verdict.<ref name="Shah Bano">{{cite news |
| − | |||
| title = Shah Bano legacy | | title = Shah Bano legacy | ||
| pages = 1 | | pages = 1 | ||
| − | + | }}</ref> That act provoked further outrage, as jurists, critics and politicians alleged that the fundamental right of equality for all citizens irrespective of religion or gender had been jettisoned to preserve the interests of distinct religious communities. The verdict and the legislation remain a source of heated debate, with many citing the issue as a prime example of the poor implementation of Fundamental Rights.<ref name="Shah Bano"/> | |
| − | }}</ref> | ||
| − | The Fundamental Duties have been | + | The Fundamental Duties have been criticized for ambiguous wording, with the real meaning of phrases like "scientific temper" and "spirit of enquiry and reform" vigorously debated. As the duties lack enforcement rights, many question their relevance to practical affairs. Actions damaging public property and showing disrespect to the [[Flag of India|National Flag]] fall in the category of offences punishable by law. Similarly, people may be called upon to defend the country by compulsorily recruitment to the armed forces of the country through [[conscription]].<ref name="art51A"/> |
==See also== | ==See also== | ||
| Line 220: | Line 216: | ||
*[[Writs#Indian law|Writs in Indian law]] | *[[Writs#Indian law|Writs in Indian law]] | ||
*[[Human rights in India]] | *[[Human rights in India]] | ||
| + | |||
| + | <!--==References== | ||
| + | *Devidas, T., V. S. Mallar, and V. Vijaya Kumar. 1991. ''Cases and Materials on Constitutional Law''. Bangalore: National Law School of India University. OCLC: 34943544 | ||
| + | *Hari Om. 2002. ''Contemporary India Textbook in Social Sciences for Class IX. '' New Delhi: National Council of Educational Research and Training. ISBN 9788174500199 | ||
| + | *Pandey, J. N. 2006. ''Constitutional Law of India''. Allahabad: Central Law Agency. OCLC: 156792697 | ||
| + | ---> | ||
==Notes== | ==Notes== | ||
| Line 236: | Line 238: | ||
==References== | ==References== | ||
| − | |||
| − | |||
| − | |||
| − | |||
* {{Harvard reference | * {{Harvard reference | ||
| Surname = Basu | | Surname = Basu | ||
| Given = Durga Das | | Given = Durga Das | ||
| − | |||
| Title = Shorter constitution of India | | Title = Shorter constitution of India | ||
| Place = New Delhi | | Place = New Delhi | ||
| Publisher = Prentice Hall of India | | Publisher = Prentice Hall of India | ||
| + | | Year = 1988 | ||
| + | | ID = ISBN 978-0876924082 | ||
}} | }} | ||
| − | |||
* {{Harvard reference | * {{Harvard reference | ||
| Surname = Basu | | Surname = Basu | ||
| Given = Durga Das | | Given = Durga Das | ||
| − | | Year = | + | | Year = 1994 |
| Title = Introduction to the constitution of India | | Title = Introduction to the constitution of India | ||
| Place = New Delhi | | Place = New Delhi | ||
| Publisher = Prentice Hall of India | | Publisher = Prentice Hall of India | ||
| + | | ID = ISBN 978-8180385599 | ||
}} | }} | ||
| − | |||
* {{cite web | * {{cite web | ||
| url = http://www.worldlii.org/int/cases/ICHRL/1995/69.html | | url = http://www.worldlii.org/int/cases/ICHRL/1995/69.html | ||
| Line 264: | Line 262: | ||
| publisher = [http://www.worldlii.org/ World Legal Information Institute] | | publisher = [http://www.worldlii.org/ World Legal Information Institute] | ||
| language = English | | language = English | ||
| − | | accessdate = | + | | accessdate = October 18, 2022 |
| − | }} | + | }} |
| − | |||
* {{cite web | * {{cite web | ||
| url = http://en.wikipedia.org/wiki/Basic_structure#The_Kesavananda_Case_of_1973 | | url = http://en.wikipedia.org/wiki/Basic_structure#The_Kesavananda_Case_of_1973 | ||
| Line 272: | Line 269: | ||
| publisher = [[Wikipedia]] | | publisher = [[Wikipedia]] | ||
| language = English | | language = English | ||
| − | | accessdate = | + | | accessdate = October 18, 2022 |
| − | }} In this case, famously known as the "Fundamental Rights case" | + | }} In this case, famously known as the "Fundamental Rights case," the [[Supreme Court of India|Supreme Court]] decided that the basic structure of the [[Constitution of India]] was unamendable. |
| − | |||
* {{Harvard reference | * {{Harvard reference | ||
| Surname = Laski | | Surname = Laski | ||
| Given = Harold Joseph | | Given = Harold Joseph | ||
| Authorlink = Harold Laski | | Authorlink = Harold Laski | ||
| − | |||
| Title = Liberty in the Modern State | | Title = Liberty in the Modern State | ||
| Place = New York and London | | Place = New York and London | ||
| Publisher = Harpers and Brothers | | Publisher = Harpers and Brothers | ||
| + | | Year = 1930 | ||
| + | | ID = {{OCLC|526127}} | ||
}} | }} | ||
| − | |||
* ''[[Maneka Gandhi]] v. Union of India''; AIR 1978 S.C. 597, (1978). | * ''[[Maneka Gandhi]] v. Union of India''; AIR 1978 S.C. 597, (1978). | ||
| − | + | * {{Harvard reference | |
| − | + | | Surname1 = O'Flaharty | |
| − | {{ | + | | Given1 = W.D. |
| − | + | | Surname2 = J.D.M. | |
| − | + | | Given2 = Derrett | |
| + | | Title = The Concept of Duty in Asia; African Charter on Human and People's Right of 1981 | ||
| + | | Year = 1981 | ||
| + | | ID = {{OCLC|3999328}} | ||
| + | }} | ||
* {{Harvard reference | * {{Harvard reference | ||
| Surname = Pylee | | Surname = Pylee | ||
| Given = M.V. | | Given = M.V. | ||
| − | |||
| Title = India’s constitution | | Title = India’s constitution | ||
| Place = New Delhi | | Place = New Delhi | ||
| Publisher = S. Chand and Company | | Publisher = S. Chand and Company | ||
| − | | ID = ISBN | + | | Year = 1999 |
| + | | ID = ISBN 978-9352531042 | ||
}} | }} | ||
| − | |||
* {{Harvard reference | * {{Harvard reference | ||
| Surname1 = Sinha | | Surname1 = Sinha | ||
| Line 308: | Line 307: | ||
| Surname3 = Rashmi | | Surname3 = Rashmi | ||
| Given3 = Neeraja | | Given3 = Neeraja | ||
| − | |||
| Title = Social Science – Part II Textbook for Class IX | | Title = Social Science – Part II Textbook for Class IX | ||
| Place = New Delhi | | Place = New Delhi | ||
| Publisher = [[National Council of Educational Research and Training]], India | | Publisher = [[National Council of Educational Research and Training]], India | ||
| − | | | + | | Year = 2005 |
}} | }} | ||
| − | |||
* {{Harvard reference | * {{Harvard reference | ||
| Surname1 = Singh | | Surname1 = Singh | ||
| Line 324: | Line 321: | ||
| Surname4 = Srinivasan | | Surname4 = Srinivasan | ||
| Given4 = M. V. | | Given4 = M. V. | ||
| − | |||
| Title = Social Science – Part II Textbook for Class X | | Title = Social Science – Part II Textbook for Class X | ||
| Place = New Delhi | | Place = New Delhi | ||
| Publisher = [[National Council of Educational Research and Training]], India | | Publisher = [[National Council of Educational Research and Training]], India | ||
| − | | | + | | Year = 2005 |
}} | }} | ||
| − | |||
* {{Harvard reference | * {{Harvard reference | ||
| Surname1 = Tayal | | Surname1 = Tayal | ||
| Line 336: | Line 331: | ||
| Surname2 = Jacob | | Surname2 = Jacob | ||
| Given2 = A. | | Given2 = A. | ||
| − | |||
| Title = Indian History, World Developments and Civics | | Title = Indian History, World Developments and Civics | ||
| Place = District [[Sirmour]], [[Himachal Pradesh]] | | Place = District [[Sirmour]], [[Himachal Pradesh]] | ||
| Publisher = Avichal Publishing Company | | Publisher = Avichal Publishing Company | ||
| − | | ID = ISBN | + | | Year = 2005 |
| + | | ID = ISBN 978-8177394986 | ||
}} | }} | ||
| − | * | + | * Article 29 of [[Universal Declaration of Human Rights|''Universal Declaration of Human Rights and International Covenant on Civil and Political Rights'']]. |
| − | | | + | |
| − | + | </div> | |
| − | + | ||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | + | [[Category:Politics and social sciences]] | |
| + | [[Category:Law]] | ||
| + | [[Category:Politics]] | ||
| − | |||
{{credits|166007183}} | {{credits|166007183}} | ||
Latest revision as of 07:20, 15 April 2024
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties represent sections of the Constitution of India that prescribe the fundamental obligations of the State° to its citizens and the duties of the citizens to the State. Those sections comprise a constitutional bill of rights guidelines for government policy-making and the behavior and conduct of citizens developed between 1947 and 1949 by the Constituent Assembly of India.
Credit for the remarkable success of India in establishing itself as a Republic in the face of seemingly insurmountable challenges goes the Fundamental Rights, Directive Principles, and Fundamental Duties. The first and foremost task of a government is to protect the basic rights of its citizens to life, liberty, property, freedom of religious belief and practice, and freedom of association. If that is lacking, economic and social justice will fail. The rights, principles, and duties have provided the stability and balance needed for the Indian ship of state to sail safely through treacherous waters.
Overview
The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions.
The Directive Principles of State Policy serve as guidelines for the framing of laws by the government. Those provisions (set out in Part IV of the Constitution), rather than laws enforceable by the courts, set forth principles for the fundamental guidelines for the State to apply in framing and passing laws.
The Fundamental Duties have been defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. Those duties (set out in Part IV–A of the constitution) concern individuals and the nation. Like the Directive Principles, they represent guidelines rather than enforceable laws.
History
Historical documents such as England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man inspired the development of constitutional rights in India.[1]
In 1928, an All Parties Conference of representatives from Indian political parties proposed constitutional reforms for India. That 11-member committee, led by Motilal Nehru, had been called into existence as a formal instrument to complement the widespread civil disobedience campaigns of the 1920s. Those mass campaigns had originally been a response to the Rowlatt Acts, which in 1919 had given the British colonial government the powers of arrest and detention, conduction of searches and seizures without warrants, restriction of public gatherings and censorship of the press. Demanding dominion status and elections under universal suffrage, the committee called for guarantees of rights deemed fundamental, representation for religious and ethnic minorities and limitations on government powers.
In 1931, the Indian National Congress, at its Karachi session, adopted resolutions defining, as well as committing itself to the defence of fundamental civil rights, including socio-economic rights such as minimum wage, the abolition of untouchability and serfdom.[2][3] Committing themselves to socialism in 1936, the leaders of the Congress party took examples from the Soviet constitution, which inspired the fundamental duties of citizens as a means of collective, patriotic responsibility.
The Constituent Assembly of India, which composed of elected representatives under the presidency of Rajendra Prasad undertook the task of developing a constitution for an independent India. The assembly appointed a constitution drafting committee headed by Bhimrao Ramji Ambedkar. The adoption of the Universal Declaration of Human Rights by the U.N. General Assembly on 10 December 1948 influenced the process. The declaration called upon all member States to adopt those rights in their constitutions. The final draft of the constitution included The Fundamental Rights and Directive Principles promulgated on November 26, 1949, while the 42nd Amendment Act added the Fundamental Duties to the constitution in 1976.[4] Changes in Fundamental Rights, Directive Principles and Fundamental Duties require a constitutional amendment, that must be passed by a two-thirds majority in both houses of Parliament.
Fundamental Rights
The Fundamental Rights (embodied in Part III of the constitution) guarantee civil liberties such that all Indians can lead their lives in peace as citizens of India. The six fundamental rights include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to constitutional remedies.[5]
Those include individual rights common to most liberal democracies, incorporated in the fundamental law of the land, enforceable in a court of law. Violations of those rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. Neither absolute nor immune from constitutional amendments, the rights have been aimed at overturning the inequalities of pre-independence social practices. Specifically, they resulted in abolishment of untouchability and prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They forbid human trafficking and unfree labour. They protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and administer their own educational institutions.
All people, irrespective of race, religion, caste or sex, have the right to approach the High Courts or the Supreme Court for the enforcement of their fundamental rights. The aggrieved party may have a case brought before the courts without their request. In public interest, anyone can initiate litigation in the court on their behalf, called "Public interest litigation".[6] High Court and Supreme Court judges can also act on their own on the basis of media reports.
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The Fundamental Rights emphasize equality by guaranteeing to all citizens the access and use of public institutions and protections, irrespective of their background. The rights to life and personal liberty apply for persons of any nationality, while others, such as the freedom of speech and expression apply only to the citizens of India (including non-resident Indian citizens).[7] The right to equality in matters of public employment applies only to citizens in India, overseas citizens of India stand outside the protection of the law.[8]
Fundamental Rights primarily protect individuals from any arbitrary State actions, but individuals may have legal action taken against them for violation of fundamental rights.[9] For instance, the constitution abolishes untouchability and prohibits begar. Those provisions act as a check both on State action and actions of private individuals. Fundamental Rights have a relative nature, subject to reasonable restrictions as necessary for the protection of national interest. In the Kesavananda Bharati vs. state of Kerala case, the Supreme Court ruled that all provisions of the constitution, including Fundamental Rights can be amended.[10] The Parliament must preserve the basic structure of the constitution like secularism, democracy, federalism, separation of powers. Often called the "Basic structure doctrine," that decision has taken has become widely regarded as an important part of Indian history. In the 1978 Maneka Gandhi v. Union of India case, the Supreme Court extended the doctrine's importance as superior to any parliamentary legislation.[11] According to the verdict, no act of parliament can be considered a law if it violated the basic structure of the constitution. This landmark guarantee of Fundamental Rights was regarded as a unique example of judicial independence in preserving the sanctity of Fundamental Rights.[11]
The Fundamental Rights can only be altered by a constitutional amendment, hence their inclusion serves as a check on the executive branch, the Parliament and state legislatures.[12] The imposition of a state of emergency may lead to a temporary suspension of the rights conferred by Article 19 (including freedoms of speech, assembly and movement, etc.) to preserve national security and public order. The President can, by order, suspend the right to constitutional remedies as well.
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Personal rights
The right to equality constitutes one of the chief guarantees given in Articles 14, 15, 16, 17 and 18 of the constitution. The right serves as the principal foundation of all other rights, guaranteeing equality of all citizens before law, social equality, equal access to public areas, equality in matters of public employment, the abolition of untouchability and of titles.[13] Reservations (i.e, quotas in jobs, education, etc.) can be made for women, children, scheduled castes and scheduled tribes.
The Fundamental Rights prohibit the State from discriminating against anyone in the matters of employment except for the implementation of any mandated quotas, and when the case for specific knowledge has been made. To preserve religious freedom, the holder of an office of any religious institution should be a person professing that particular religion.[14] The right to equality in matters regarding public employment applys only to within India, overseas citizens of India stand beyond the scope of the law.[8] The practise of untouchability has been declared an offence punishable by law. The law prohibits the State from conferring, and citizens of India from accepting, titles from a foreign State. Indian aristocratic titles such as Rai Bahadurs and Khan Bahadurs have been abolished. Military and academic distinctions may be conferred on the citizens of India. Law specifies that recipients of awards such as the Bharat Ratna "cannot be used by the recipient as a title."[15] A ruling by the Supreme Court on December 15, 1995 upheld the validity of such awards.
Articles 19, 20, 21 and 22 state the right to freedom with the view of guaranteeing individual rights considered vital by the framers of the constitution. The right to freedom encompasses the freedom of expression, the freedom to assemble peacefully without arms, the freedom to form associations and unions, the freedom to move freely and settle in any part of the territory of India and the freedom to practise any profession.[16] Restrictions can be imposed on all those rights in the interest of security, decency and morality. The constitution guarantees the right to life and personal liberty. Protection with respect to conviction for offences, protection of life and personal liberty and the rights of a person arrested under ordinary circumstances[17] reside in the right to life and personal liberty.
The Right to freedom of religion' (covered in Articles 25, 26, 27 and 28) provides religious freedom to all citizens and preserves the principle of secularism in India. According to the constitution, all religions stand equally before the State. Citizens may preach freely, practice and propagate any religion of their choice.[18] Several distinct and often controversial practises, such as the wearing and carrying of kirpans constitutes the profession of Sikhism and stands protected under law.[18] Religious communities can set up charitable institutions of their own, subject to certain restrictions in the interest of public order, morality and health. The law forbids compelling any person to pay taxes for the promotion of a religion nor may a State-run institution present education associated with a particular religion.
Economic and social rights
The cultural and educational rights (given in Articles 29 and 30) represent measures to protect the rights of ethnic and religious minorities. Any community with a language and a script of its own has the right to conserve and develop them.[19] All citizen's enjoy equal opportunity for admission in State or State-aided institutions.[19] All religious and ethno-linguistic communities can set up their own educational institutions to preserve and develop their own culture.[20] In granting aid to institutions, the State must respect all institutions administered by a minorities.[20] The right to education at elementary level has been made one of the Fundamental Rights under right to life and personal liberty by the 86th constitutional amendment of 2002.[21]
The Right against exploitation, given in Articles 23 and 24 provides for the abolition of human trafficking,[22] and the abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines.[23] Child labour represents a violation of the spirit and provisions of the constitution. Begar (forced and unfree labour), practiced in the past by landlords, has been declared a crime punishable by law. Law prohibits trafficking in humans for the purpose of slave trade or prostitution. Exceptions for employment without payment cover services for public purposes, such as compulsory military conscription.[22]
The Right to constitutional remedies empowers the citizens to approach a court of law to appeal against denial of the Fundamental Rights. For instance, in case of imprisonment, the person can request the court to review the ruling in light of the provisions of the law of the country. If the court finds violations, the person will be released from custody. The procedure of asking the courts to preserve or safeguard the citizens' Fundamental Rights can be done in various ways. The courts can issue writs, namely habeas corpus, mandamus, prohibition, quo warranto and certiorari.[24] When the government declares a national or state emergency, the right may be suspended.
The Right to property constituted a Fundamental Right under Article 32 before revoked by the 44th Amendment Act of 1978.[25] A new article, Article 300-A,[26] appended the constitution, providing protection of a person's property from confiscation, except by the authority of law. If a legislature makes a law depriving a person of his property, the State stands free of obligation to pay any compensation. The aggrieved person loses the right of appeal to court under Article 32. The right to property has been removed as a fundamental right, though possibly still a constitutional right. If the government appears to have acted unfairly, the action can be challenged in a court of law.[27]
Directive Principles of State Policy
The Directive Principles of State Policy, embodied in Part IV of the constitution, constitute directions given to the central and state governments to guide the establishment of a just society in the country. According to the constitution, the government should keep them in mind while framing laws, even though non-justiciable in nature. Directive Principles classify into the following categories: Gandhian, social, economic, political, administrative, legal, environmental, protection of monuments, peace and security.[28]
The Directive Principles act as a check on the government; theorized as a yardstick in the hands of the people to measure the performance of the government. Article 31-C,[29] added by the 25th Amendment Act of 1971, seeks to upgrade the Directive Principles.[30] If the government made laws to give effect to the Directive Principles over Fundamental Rights, they shall remain valid even on the grounds that they take away the Fundamental Rights. In case of a conflict between Fundamental Rights and Directive Principles, if the latter aim at promoting larger interest of the society, the courts will have to uphold the case in favour of Directive Principles.[29]
The Directive Principles commit the State to promote the welfare of the people by affirming social, economic and political justice, as well as to fight economic inequality.[31] The State must continually work towards providing an adequate means of livelihood for all citizens, equal pay for equal work for men and women, proper working conditions, protection against exploitation and reduce the concentration of wealth and means of production from the hands of a few.[32] The State must provide free legal aid to ensure that opportunities for securing justice remain intact for all citizens in spite of economic or other disabilities.[33] The State should work for organization of village panchayats, provide the right to work, education and public assistance in certain cases;[34] as well as the provision of just and humane conditions of work and maternity relief.[35] A living wage and safe working conditions for citizens must be ensured, as must their participation in the management of industries. The State has a responsibility to secure a uniform civil code for all citizens,[36] provide free and compulsory education to children,[37] and to work for the economic uplift of scheduled castes, scheduled tribes and other backward classes.
The Directive Principles commit the State to raise the standard of living and improve public health,[38] and organize agriculture and animal husbandry on modern and scientific lines. The State must safeguard the environment and wildlife of the country.[39] The State must ensure the preservation of monuments and objects of national importance and separation of judiciary from executive in public services[40] The State must also strive for the maintenance of international peace.[41]
The Directive Principles have been amended to meet definite objectives. Article 45, which ensures Provision for free and compulsory education for children,[37] was added by the 86th Amendment Act, 2002.[21] Article 48-A, which ensures Protection of the environment and wildlife,[39] had been added by the 42nd Amendment Act, 1976.[4]
Fundamental Duties
The 42nd Amendment Act added the Fundamental Duties of citizens in 1976.[4] The ten Fundamental Duties (given in Article 51-A of the constitution) can be classified as either duties towards self, duties concerning the environment, duties towards the State and duties towards the nation.[42] The 86th constitutional amendment added the 11th Fundamental Duty, which states that every citizen "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" in 2002.[21]
Citizens have a moral obligation by the constitution to perform those duties, although non-justifiable, incorporated only with the purpose of promoting patriotism among citizens. Those obligations extend not only to the citizens, but also to the State.[43][44] International instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights make reference to such duties. The Fundamental Duties obligate all citizens to respect the national symbols of India (including the constitution), to cherish its heritage and assist in its defense. It aims to promote the equality of all individuals, protect the environment and public property, to develop "scientific temper," to abjure violence, to strive towards excellence and to provide free and compulsory education.[45]
Criticism and analysis
The Fundamental Rights have been criticized as inadequate in providing freedom and opportunity for all Indians. Many political groups have demanded that the right to work, the right to economic assistance in case of unemployment and similar socio-economic rights be enshrined as constitutional guarantees,[27] presently listed in the directive principles of state policy.[46] The right to freedom contains a number of limiting clauses and has been criticised for failing to check government powers[27] such as provisions of preventive detention and suspension of fundamental rights in times of emergency. The phrases "security of State," "public order" and "morality" remain unclear, having wide implication. The meaning of phrases like "reasonable restrictions" and "the interest of public order" remain vague in the constitution, leading to frequent litigations.[27] The Maintenance of Internal Security Act (1975) received strong criticism for giving then-Prime Minister Indira Gandhi the authority to arrest opposition leaders following the declaration of emergency in 1975. The Prevention of Terrorism Act (2002), now repealed,[47] has been criticized as unfairly targeting the Muslim community.[27] Initially, the Supreme Court provided extensive power to the State in its verdict to the A. K. Gopalan vs. state of Madras case in 1950. The Court held that howsoever unreasonable, a law was valid if made by a legislature competent to enact it.[11] If Parliament validly enacted a law permitting the State to kill without any judicial process, that would amount to "procedure established by law" and such killings would fall within the guarantee contained in Article 21.2. A series of decisions, starting from the 1970s and culminating in the judgment in 1978 Maneka Gandhi v. Union of India, which issued the basic structure doctrine, led to the abandoning of that interpretation.[11] In D. K. Basu vs. state of West Bengal the Supreme Court ruled that the limiting clauses of the constitution as well as international human rights instruments leave the Court's discretionary power to award compensation in the cases of illegal arrest or detention, protecting the rights of citizens in spite of prevailing circumstances.[48] The directives permit the freedom to assemble peaceably and without arms, but in many cases, the police brake up those meetings if they become disruptive.[49][50]
Freedom of press, meant to guarantee freedom of expression, has been left out of the constitution.[27] Employment of child labour in hazardous environments has been reduced, but their employment in non-hazardous jobs, including their prevalent employment as domestic help violates the spirit of the constitution in the eyes of many critics and human rights advocates, as more than 16.5 million children are being used as labour.[51] India ranked 88 out of 159 countries in 2005 for the public's perception of corruption among public officials and politicians.[52]
Efforts to implement the Directive Principles include the Programme for the Universalisation of Elementary Education and the Five-Year Plans have accorded the highest priority to provide free education to all children up to the age of fourteen. The 86th constitutional amendment of 2002 created Article 21-A, that seeks to provide free and compulsory education to all children aged six to fourteen years.[21] The State runs welfare programmes such as boys' and girls' hostels for scheduled castes and scheduled tribes' students.[53] The government declared the year 1990–1991 the "Year of Social Justice" in the memory of B.R. Ambedkar.[54] The government provides free textbooks to students belonging to scheduled castes and tribes pursuing medicine and engineering courses. During 2002–2003, the government provided a sum of Rs. 4.77 crore (47.7 million) for that purpose.[55] To protect scheduled castes and tribes from discrimination, the government enacted the Prevention of Atrocities Act in 1995, prescribing severe punishments for such actions.[56]
Land reform legislations have been enacted several times to provide ownership rights to poor farmers.[57] Up to September 2001, more than 20 million acres (81,000 km_) of land had been distributed to scheduled castes, scheduled tribes and the landless poor. Banks have as a core policy objective improving banking facilities in the rural areas.[58] The Minimum Wages Act of 1948 empowers government to fix minimum wages for people working across the economic spectrum.[59] The Consumer Protection Act of 1986 provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to the consumer. [60] The Equal Remuneration Act of 1976 provides for equal pay for equal work for both men and women.[61] The Sampoorna Grameen Rozgar Yojana (Universal Rural Employment Programme) was launched in 2001 to attain the objective of providing gainful employment for the rural poor. The programme was implemented through the Panchayati Raj institutions.[62]
A system of elected village councils, known as Panchayati Raj covers almost all states and territories of India.[63] One-third of the total number of seats have been reserved for women in Panchayats at every level; and in the case of Bihar, half the seats have been reserved for women.[64] [65] Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused lacks the means to engage a lawyer.[33] The judiciary has been separated from the executive "in all the states and territories except Jammu and Kashmir and Nagaland."[40][55] India's foreign policy has been influenced by the Directive Principles. India supported the United Nations in peace-keeping activities, with the Indian Army having participated in thirty seven UN peace-keeping operations.[66]
The implementation of a uniform civil code for all citizens has fallen short of objectives owing to widespread opposition from various religious groups and political parties. The Shah Bano case (1985–1986) provoked a political firestorm in India when the Supreme Court ruled Shah Bano, a Muslim woman whose husband divorced her in 1978, entitled to receive alimony from her former husband under Indian law applicable for all Indian women. That decision evoked outrage in the Muslim community, which sought the application of the Muslim personal law and in response the Parliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 overturning the Supreme Court's verdict.[67] That act provoked further outrage, as jurists, critics and politicians alleged that the fundamental right of equality for all citizens irrespective of religion or gender had been jettisoned to preserve the interests of distinct religious communities. The verdict and the legislation remain a source of heated debate, with many citing the issue as a prime example of the poor implementation of Fundamental Rights.[67]
The Fundamental Duties have been criticized for ambiguous wording, with the real meaning of phrases like "scientific temper" and "spirit of enquiry and reform" vigorously debated. As the duties lack enforcement rights, many question their relevance to practical affairs. Actions damaging public property and showing disrespect to the National Flag fall in the category of offences punishable by law. Similarly, people may be called upon to defend the country by compulsorily recruitment to the armed forces of the country through conscription.[45]
See also
- Fundamental Rights in India
- Directive Principles in India
- Constitution of India
- Writs in Indian law
- Human rights in India
Notes
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Directive Principles and
Fundamental Duties
Note °: The term "State" includes all authorities within the territory of India. It includes the Government of India, the Parliament of India, the Government and legislature of the states of India. It also includes all local or other authorities such as Municipal Corporations, Municipal Boards, District Boards, Panchayats etc. To avoid confusion with the term states, the administrative divisions, State (encompassing all the authorities in India) has been capitalized and the term state is in lowercase.
- ↑ B.B. Tayal and A. Jacob, 2005, A-23
- ↑ Gandhi, Rajmohen. Patel: A Life, 206.
- ↑ Dev, Arjun. Social Science Part I: Textbook in History for Class X, 79.
- ↑ 4.0 4.1 4.2 42nd Amendment Act, 1976.
- ↑ Constitution of India-Part III Fundamental Rights.
- ↑ Bodhisattwa Gautam vs. Subhra Chakraborty; 1995 ICHRL 69. World Legal Information Institute. Retrieved February 16, 2009. As in the case on behalf of the Public interest introduced (date of ruling December 15, 1995).
- ↑ Tayal and Jacob 2005, A-25
- ↑ 8.0 8.1 Citizenship (Amendment) Bill, 2003 (PDF) pp. 5. Rajya Sabha. Retrieved February 16, 2009.
- ↑ Bodhisattwa Gautam vs. Subhra Chakraborty; 1995 ICHRL 69. World Legal Information Institute. Retrieved February 16, 2009. For example, the case where Fundamental Rights enforced against private individuals (date of ruling December 15, 1995).
- ↑ Kesavananda Bharati vs. state of Kerala; AIR 1973 S.C. 1461, (1973) 4 SCC 225—in what became famously known as the "Fundamental Rights case," the Supreme Court ruled the basic structure of the constitution unamendable.
- ↑ 11.0 11.1 11.2 11.3 Maneka Gandhi case. Sabrang.com. Retrieved February 16, 2009.
- ↑ Tayal and Jacob 2005, A-24
- ↑ Constitution of India-Part III Fundamental Rights.
- ↑ Constitution of India-Part III Article 16 Fundamental Rights.
- ↑ Basu, Durga Das (1993). Introduction to the Constitution of India. New Delhi: Prentice Hall of India.
- ↑ Constitution of India-Part III Article 19 Fundamental Rights.
- ↑ Constitution of India-Part III Article 22 Fundamental Rights.
- ↑ 18.0 18.1 Constitution of India-Part III Article 25 Fundamental Rights.
- ↑ 19.0 19.1 Constitution of India-Part III Article 24 Fundamental Rights.
- ↑ 20.0 20.1 Constitution of India-Part III Article 30 Fundamental Rights.
- ↑ 21.0 21.1 21.2 21.3 86th Amendment Act, 2002.
- ↑ 22.0 22.1 Constitution of India-Part III Article 23 Fundamental Rights.
- ↑ Constitution of India-Part III Article 24 Fundamental Rights.
- ↑ Constitution of India-Part III Article 32 Fundamental Rights.
- ↑ 44th Amendment Act, 1978.
- ↑ Constitution of India-Part XII Chapter IV Finance, Property, Contracts and Suits
- ↑ 27.0 27.1 27.2 27.3 27.4 27.5 Tayal and Jacob 2005, A-33
- ↑ Constitution of India-Part IV Directive Principles of State Policy.
- ↑ 29.0 29.1 Constitution of India-Part III Article 31-C Fundamental Rights.
- ↑ 25th Amendment Act, 1971. Retrieved February 16, 2009
- ↑ Constitution of India-Part IV Article 38 Directive Principles of State Policy.
- ↑ Constitution of India-Part IV Article 39 Directive Principles of State Policy.
- ↑ 33.0 33.1 Constitution of India-Part IV Article 39A Directive Principles of State Policy.
- ↑ Constitution of India-Part IV Article 41 Directive Principles of State Policy.
- ↑ Constitution of India-Part IV Article 42 Directive Principles of State Policy.
- ↑ Constitution of India-Part IV Article 44 Directive Principles of State Policy.
- ↑ 37.0 37.1 Constitution of India-Part IV Article 45 Directive Principles of State Policy.
- ↑ Constitution of India-Part IV Article 47 Directive Principles of State Policy.
- ↑ 39.0 39.1 Constitution of India-Part IV Article 48A Directive Principles of State Policy.
- ↑ 40.0 40.1 Constitution of India-Part IV Article 50 Directive Principles of State Policy.
- ↑ Constitution of India-Part IV Article 51 Directive Principles of State Policy.
- ↑ Constitution of India-Part IVA Fundamental Duties.
- ↑ Tayal and Jacob 2005, A-35
- ↑ Sinha, Das and Rashmi 2005, 30
- ↑ 45.0 45.1 Constitution of India-Part IVA Article 51A Fundamental Duties.
- ↑ Constitution of India-Part IV Article 41 Directive Principles of State Policy.
- ↑ POTA repealed, new anti-terror law passed
- ↑ Constitution report. Ministry of Law and Justice, India. Retrieved February 16, 2009.
- ↑ Senior Inspector justifies lathi-charge during the 2006 Indian anti-reservation protests, Retrieved February 16, 2009.
- ↑ Lathi Charge in Mumbai during the 2006 Indian anti-reservation protests, Retrieved February 16, 2009
- ↑ Child labour in India. India Together. Retrieved February 16, 2009.
- ↑ Index of perception of corruption, published by Transparency International.
- ↑ Tayal and Jacob 2005, A-44
- ↑ Error on call to template:cite web: Parameters url and title must be specified. Dr. Ambedkar Foundation. Retrieved February 16, 2009.
- ↑ 55.0 55.1 Tayal and Jacob 2005, A-45
- ↑ Prevention of Atrocities Act, 1995. Human Rights Watch. Retrieved February 16, 2009.
- ↑ 40th Amendment Act, 1976
- ↑ Banking Policy and Trends (PDF). Union Budget and Economic Survey. Retrieved February 16, 2009.
- ↑ Minimum Wages Act, 1948. Helplinelaw.com. Retrieved February 16, 2009.
- ↑ Consumer Protection Act, 1986. Advocatekhoj.com. Retrieved February 16, 2009.
- ↑ Error on call to template:cite web: Parameters url and title must be specified. IndianLawInfo.com.
- ↑ Sampoorna Grameen Rozgar Yojana, 2001 (PDF). Ministry of Rural Developement, India. Retrieved February 16, 2009.
- ↑ Panchayati Raj in India. Poorest Areas Civil Society. Retrieved February 16, 2009.
- ↑ 73rd Amendment Act, 1992
- ↑ Seat Reservation for Women in Local Panchayats (PDF) pp. 2. Retrieved February 16, 2009.
- ↑ India and United Nations. Permanent Mission of India to the United Nations. Retrieved February 16, 2009.
- ↑ 67.0 67.1 "Shah Bano legacy", pp. 1.
ReferencesISBN links support NWE through referral fees
- Basu, Durga Das (1988), Shorter constitution of India, Prentice Hall of India, New Delhi, ISBN 978-0876924082
- Basu, Durga Das (1994), Introduction to the constitution of India, Prentice Hall of India, New Delhi, ISBN 978-8180385599
- Bodhisattwa Gautam vs. Subhra Chakraborty; 1995 ICHRL 69 (in English) (HTML). World Legal Information Institute. Retrieved October 18, 2022.
- Kesavananda Bharati vs. state of Kerala; AIR 1973 S.C. 1461, (1973) 4 SCC 225 (in English). Wikipedia. Retrieved October 18, 2022. In this case, famously known as the "Fundamental Rights case," the Supreme Court decided that the basic structure of the Constitution of India was unamendable.
- Laski, Harold Joseph (1930), Liberty in the Modern State, Harpers and Brothers, New York and London, OCLC 526127
- Maneka Gandhi v. Union of India; AIR 1978 S.C. 597, (1978).
- O'Flaharty, W.D. & J.D.M., Derrett (1981), The Concept of Duty in Asia; African Charter on Human and People's Right of 1981, OCLC 3999328
- Pylee, M.V. (1999), India’s constitution, S. Chand and Company, New Delhi, ISBN 978-9352531042
- Sinha, Savita, Das, Supta & Rashmi, Neeraja (2005), Social Science – Part II Textbook for Class IX, National Council of Educational Research and Training, India, New Delhi
- Singh, J. P., Dubey, Sanjay & Rashmi, Neeraja, et al. (2005), Social Science – Part II Textbook for Class X, National Council of Educational Research and Training, India, New Delhi
- Tayal, B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, Avichal Publishing Company, District Sirmour, Himachal Pradesh, ISBN 978-8177394986
- Article 29 of Universal Declaration of Human Rights and International Covenant on Civil and Political Rights.
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