Addis Ababa University

School of Commerce
Department of BAIS

Group Members; ID. No;

1. Ahmed Abdulbar BEE/9292/14
2. Amanuel Benyam BEE/4135/14
3. Bethelhem Moges BEE/1801/14
4. Addis tesfa BEE/6261/14
5. Aron Fissha BEE/3229/14
6. Birhanu meles BEE/5842/14

MORAL AND CITIZENSHIP EDUCATION

GROUP PROJECT TITLE : SURVEY ON INDIAN CONSTITUTION

SECTION: E1BAIS5

SUBMITTED TO: MR. Zewdu temtime

SUBMISSION DATE: 16,AUG, 2022 G.C

CHAPTER 1: Introduction, Structure and Preamble of Indian
constitution
Introduction
The Constitution of a country lays down the basic structure of the political
system under which its people are to be governed. It establishes the main
organs of the state legislature, executive and judiciary, defines their
powers, demarcates their responsibilities and regulates their relationships
with each other and with the people. However every constitution represents
the vision and value of its founding aft hers and is based on the political
and economic ethos and faith and aspiration of the people. So importantly it
can be noted that the framing of the constitution of sovereign democratic
nations is performed by the people for the purpose of considering and
adopting a constituent assembly (Baxi, 1981).

India became independent on August 15, 1947 according to the

Independence of India Act, 1947 enacted by the British Parliament. It made
a provision for the setting up of two independent dominions in India, to be
known as India and Pakistan. Thus India along with Pakistan acquired a
new international personality. However, both the new states were continued
to be administered by the Government of India Act, 1935. The task for
preparing the Constitution of India was entrusted to the Constituent
Assembly which met for the first time on 9 th December, 1946. The
assembly appointed various committees to draft the different articles of the
Constitution. The reports of these committees formed the basis on which a
draft of the new Constitution of India was prepared in February 1948. Its
final shape was given on 26th November, 1949 and came into force on
26th January, 1950. The Preamble of the Constitution declares India to be
a 'sovereign, socialist, secular, democratic republic’. The term 'democratic'
denotes that the Government gets its authority from the will of the people.

The Government is elected by the people and it is a body of the

representatives of the people. Thus the power to exercise legal as well as
political sovereignty vests in people. It gives a feeling that they all are equal
'irrespective of their race, religion, language, sex and culture’ (Diwan &
Diwan, 1998).
Structure of the constitution
The Indian constitution is the world's longest for a sovereign nation. It
originally consisted of 395 Art, 22 parts, 8 Schedules. But after the
Constitution 104th Amendment Act, 2003, the Indian Constitution Consists
of 448 Art, 25 parts, 12 Schedules. The constitution has a preamble and It
has been amended 105 times; the latest amendment became effective on
10 August 2021. At about 145,000 words, it is the second-longest active
constitution after the Constitution of Alabama in the world.
The constitution's articles are grouped into the following parts:

● Preamble, with the words "socialist", "secular" and 'integrity' added in

1976 by the 42nd amendment
● Part I–The Union and its Territory– Articles 1 to 4
● Part II–Citizenship– Articles 5 to 11
● Part III–Fundamental Rights– Articles 12 to 35
● Part IV –Directive Principles of State Policy– Articles 36 to 51
● Part IVA– Fundamental duties – Article 51A
● Part V– The Union – Articles 52 to 151
● Part VI– The States – Articles 152 to 237
● Part VII– States in the B part of the first schedule(repealed)– Article
238
● Part VIII– Union Territories – Articles 239 to 242
● Part IX– Panchayats – Articles 243 to 243(O)
● Part IXA– Municipalities – Articles 243(P) to 243(ZG)
● Part IXB– Co-operative societies– Articles 243(ZH) to 243(ZT)
● Part X– Scheduled and tribal areas– Articles 244 to 244A
● Part XI– Relations between the Union and the States– Articles 245 to
263
● Part XII– Finance, property, contracts and suits – Articles 264 to
300A
● Part XIII– Trade and commerce within India – Articles 301 to 307
● Part XIV– Services under the union and states – Articles 308 to 323
● Part XIVA– Tribunals – Articles 323A to 323B
● Part XV– Elections – Articles 324 to 329A
● Part XVI– Special provisions relating to certain classes – Articles 330
to 342
● Part XVII– Languages – Articles 343 to 351
● Part XVIII– Emergency provisions – Articles 352 to 360
● Part XIX– Miscellaneous – Articles 361 to 367
● Part XX– Amendment of the Constitution – Articles 368
● Part XXI– Temporary, transitional and special provisions – Articles
369 to 392
● Part XXII– Short title, date of commencement, authoritative text in
Hindi and repeals – Articles 393 to 395

Preamble
The preamble to the constitution is based on the “ objective
resolution” drafted and moved by Pandit Nehru and adopted by constituent
assembly. It runs as follows:-
“We THE PEOPLE OF INDIA, having solemnly resolved to constitute India
in to a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
and to secure to all its citizen:-
● JUSTICE, social, Economic, and Political;
● LIBERTY of thought, expression, belief, faith and worship;
● EQUALITY of status and of opportunity;
● FRATERNITY assuring the dignity of the individual and the unity and
integrity of the nation; In our Constituent Assembly, this 26th
November, 1949, do hereby adopt, enact and give to ourselves this
constitution.”

Purpose of the Preamble

The preamble to the constitution is a key to
open the minds of the makers and shows the general purpose for which
they made the several provisions in the constitution. Preamble serves the
following purposes:-
1. It discloses the source of the constitution.
2. It lays down the date of the commencement of the constitution.
3. It set out the rights and freedoms which the people of India
wished to secure for themselves.
4. It declares the nature of the government.
 CHAPTER 2: Historical Background of Indian Constitution
There are various layers in the background of the Indian Constitution :
Regulating Act 1773, Pitt’s India Act 1784, Charter Act of 1813, Charter Act
of 1833, Charter Act of 1853, Government of India Act 1858, Indian
Councils Act 1861, India Councils Act 1892, Indian Councils Act 1909,
Government of India Act 1919, Government of India Act 1935, Indian
Independence Act 1947.

Regulating Act 1773

➢ The first step was taken by the British Parliament to control and
regulate the affairs of the East India Company in India.
➢ With this, the Presidency of Bengal was superior to those of Bombay
and Madras. Also, its governor was then designated as the
Governor-General of all the three provinces. Warren Hastings was
authorized as the Governor-General through the act.
➢ An Executive Council of the Governor-General was created with 4
members
➢ The Supreme Court was established at Calcutta as the Apex Court in
1774, composed of Chief Justice(Sir Elijah Impey) and three other
Judges.
➢ It prohibited servants of the company from engaging in any private
trade or accepting bribes from the natives.

Pitt’s India Act 1784

➢ The company territories in India were called ‘British possession in
India’
➢ Commercial and political functions of the company separated. The
Court of Directorsmanaged the commercial activities while the Board
of Control managed political affairs.
➢ Reduced the strength of the Governor General’s council to three
members
➢ Governor’s councils were established in Madras and Bombay .

Charter Act of 1813

➢ The company’s rule was extended to another 20 years.
➢ The Company’s monopoly over Indian trade terminated; Trade with
India open to all British subjects. except for the trade in tea, opium,
and with China.
➢ This act grants permission to the missionaries to come to India.
➢ The act provided for a financial grant towards the revival of Indian
literature and the promotion of science.

Charter Act of 1833

➢ Governor-General (of Bengal) became the Governor-General of
India.
➢ First Governor-General of India was Lord William Bentick
➢ This was the final step towards centralization in British India.
➢ Beginning of a Central legislature for India as the act also took away
legislative powers of Bombay and Madras provinces.
➢ As per the act, an Indian law commission was established.
➢ This act ended the commercial activities of the company and it was
transformed into an administrative body

Charter Act of 1853

➢ A Central Legislative Council was created of 6 members out of which
4 were appointed by the provisional governments of Madras, Bombay
Agra and Bengal.
➢ The legislative and executive powers of the Governor-General’s
Council were separated
➢ It introduced a system of open competition as the basis for the
recruitment of civil servants of the Company

Government of India Act 1858

➢ With this Act the rule of company was replaced by the rule of the
crown in India
➢ The powers of the British Crown were to be exercised by the
Secretary of State for India. He was assisted by a 15-member
Council of India.
➢ The Governor-General was designated the Viceroy as well, Lord
Canning was the first Viceroy of India.

Indian Councils Act 1861

➢ This Act introduced a popular element of involving Indians for the
very first time to represent in the legislative council and executive
council as the non-official members. three Indians entered the
Legislative council,
➢ Legislative councils were established in Center and provinces
➢ It accorded statutory recognition to the portfolio system.
➢ Decentralization initiated with the presidencies of Madras and
Bombay being restored their legislative powers.

India Councils Act 1892

➢ The act increased the number of additional or non-official members in
the legislative councils.
➢ Gave more functions to the legislative councils such as the
discussion of budget and questioning the executive.
➢ The legislative councils were empowered to make new laws and
repeal old laws with the permission of the Governor-General.
➢ Introduced indirect elections (nomination).

Indian Councils Act 1909

➢ Act is also known as the Morley- Minto Reforms
➢ Direct elections to the legislative councils were introduced for the first
time
➢ Changed the name of the Central Legislative Council to the Imperial
Legislative Council, in which membership to Indian given for first time
➢ It introduced the concept of ‘separate electorate’.
➢ Lord Minto appointed Satyendra P Sinha as the first Indian member
of the Viceroy’sExecutive Council.

Government of India Act 1919

➢ Act is also known as the Montague-Chelmsford Reforms.
➢ Diarchy was introduced in the provincial governments with executive
councilors being in charge of the reserved list and the ministers in
charge of the transferred list of subjects.
➢ A bicameral legislature was introduced for the first time at the center,
Legislative Assembly with 140 members and Legislative council with
60 members.
➢ It mandated 3 members of the Viceroy’s executive council to be
Indians
➢ The act provided for the establishment of the Public Service
Commission
➢ This act extended the right to vote, about 10% of the population
acquired voting rights.
Government of India Act 1935
➢ The Act provided for the establishment of an All-India Federation
consisting of the Provinces and the Princely States as units, though
the envisaged federation never came into being.
➢ Subjects were divided between the centre and the provinces. Centre
was in charge of the Federal List, provinces in charge of the
Provincial List and there was a Concurrent List which both catered to.
➢ Diarchy was abolished at the provincial level and introduced at the
centre
➢ A federal court was established and the Indian Council abolished
➢ This Act introduced direct elections in India for the first time.

Indian Independence Act 1947

➢ The act provided for the partition of India and Pakistan and all the
laws which were enforced in British India would be applicable to both
dominions until amended by their respective legislature
➢ India was declared independent and sovereign.
➢ Established responsible Governments at both the Centre and the
Provinces.
➢ Designated the Viceroy India and the provincial Governors as the
Constitutional (normal heads).
➢ The Government of India Act 1935 was replaced by the Constitution
of India after independence.

Framing of indian constitution

The constituent Assembly of India was elected to write the constitution of
India, following India's independence from Great Britain, its members
served as the nation’s first parliament.

The body was formed in 1946 for the purpose of making an independent
India's constitution. The assembly passed a resolution in 1947 January
defining the the objectives of the constitution :
❖ To set up a union of India comprising British and the princely states.
❖ To set up a federal form of government with separate state and
central governments
❖ To set up a democracy in which all power is derived from the people;
I) where all people are guaranteed justice, equality and freedom
II) where minorities, depressed classes and the tribals right are
protracted.
❖ To protect the integrity of India and her sovereign rights over land,
sea and air.
❖ To help india attain its rightful place in the world - and work for peace
and welfare of all mankind

Borrowed features of Constitution of India

1. From U.K. - Nominal Head- President, Cabinet system of Minster’s,
Post of PM, Parliamentary Type of Government, Bicameral
Parliament, Lower House more powerful, Council of Ministers
responsible to lower house, provision of speaker in Lok Sabha
2. From USA- Written constitution, Appointment of Vice president,
Fundamental Rights, Supreme Court, Head of the state known as
president, provision of states, Judicial review
3. From Australia- Concurrent List, Centre state relationship, Language
of the preamble
4. From USSR- Fundamental Duties, Five year plan
5. From Germany- Emergency provisions
6. From Japan- Law on which the supreme court functions
7. From Canada- Federal system and Residuary powers
8. From South Africa- Procedure of constitutional amendment
Chapter 3: Characteristics of India's Constitution

The Constitution of India has some distinct and unique features as compared
to other constitutions to the world. As Dr. B.R. Ambedkar, the Chairman of
the Drafting Committee puts it, the framers had tried to accumulate and
accommodate the best features of other constitutions, keeping in view the
peculiar problems and needs of our country. Main Characteristics of
Constitution of India are:-

The World's Longest Constitution

The Indian Constitution is the world's longest constitution. When it was initiated, it
included 395 things isolated into 22 divisions and eight schedules. It now comprises 448
items divided into 25 divisions and 12 schedules. So far, 104 amendments to the Indian
Constitution have been made. India is a big country with so many cultures, castes and
religions, and with so many states that people who drafted the Constitution had to
focus on the minutest of detail. As a result, the Constitution of India became the
lengthiest constitution in the world.

Blend of Rigidity and Flexibility

One of the Indian Constitution distinguishing traits is that it is neither as rigorous as the
American Constitution. It indicates it is both stiff and flexible. As a result, it may readily
change and expand with the passage of time. The constitution has deliberately been
worded in generalities (not in vague terms) to ensure its flexibility.

Federal System with Unitary Characteristics

The constitution is considered federal in nature, and unitary in spirit. It has features of a
federation, including a codified, supreme constitution; a three-tier governmental
structure (central, state and local); division of powers; bicameralism; and an
independent judiciary. It also possesses unitary features such as a single constitution,
single citizenship, an integrated judiciary, a flexible constitution, a strong central
government, appointment of state governors by the central government, All India
Services (the IAS, IFS and IPS), and emergency provisions. This unique combination
makes it quasi-federal in form.

Independent Judiciary
The judiciary is the final arbiter of the constitution. Its duty (mandated by the
constitution) is to act as a watchdog, preventing any legislative or executive act from
overstepping constitutional bounds. The judiciary protects the fundamental rights of
the people (enshrined in the constitution) from infringement by any state body, and
balances the conflicting exercise of power between the central government and a state
(or states).
The courts are expected to remain unaffected by pressure exerted by other branches of
the state, citizens or interest groups. An independent judiciary has been held as a basic
feature of the constitution, which cannot be changed by the legislature or the
executive.
Article 50 of the Constitution provides that the state must take measures to separate
the judiciary from the executive in the public services.

Single Citizenship
The Constitution of India gives single citizenship to the people of the country. All the
people irrespective of the states or territories in which they reside are the citizens of
the country.  The advantage of single citizenship lies in the fact that the loyalty to one
country remains holistic and uniform. Enjoying political and civil rights in one country
ensure that one conforms to the tenets of the country and would not barter one for the
sake of another’s interests. The Constitution makers deliberately opted for single
citizenship to eliminate regionalism and other disintegrating tendencies. Single
citizenship has undoubtedly forged a sense of unity among the people of India.

Drawn from Various Sources

The Constitution of India has borrowed most of its provisions from the constitutions of
various other countries as well as from the Government of India Act of 1935. Dr B R
Ambedkar proudly acclaimed that the Constitution of India has been framed after
‘ransacking all the known Constitutions of the world’.
 
 Parliamentary Form of Government
On the pattern of the British parliamentary system of government, the Indian
Constitution has opted for the parliamentary form of government. The parliamentary
system is also known as the ‘Westminster’ model of government, responsible
government and cabinet government.
The key characteristics of the parliamentary form of government are:
1. Executive are members of the legislature
2. Collective responsibility to the legislature of the Council of Ministers
3. Rule of the majority party
4. Prime Minister's or chief minister's leadership in the state
5. Lower house dissolution (Lok Sabha and state assemblies)
6. Government form of the Cabinet

A Secular State
The Constitution has declared India a secular state. India does not give special status to
any religion. It provides its citizens complete freedom to choose their religion. It
condemns religious groups instigating people in the name of religion. However, the
word ‘secularism’ was nowhere mentioned in the Constitution as adopted in 1949. The
word ‘secularism’ has now been added to the Preamble to the Constitution through the
42nd Amendment passed in 1976.

➢ The constitution's most important features that define and distinguish it from the
other World Constitutions have been listed above. There are many other features
of the Indian Constitution such as Fundamental Rights, Directive Principles of
State Policy and Fundamental Duties will be discussed in the next chapter.
CHAPTER 4: Fundamental right, Directive Principles of State
Policy and fundamental responsibilities

Fundamental Right
Fundamental Rights are one of the important features of the Indian Constitution. The
Constitution contains the basic principle that every individual is entitled to enjoy certain
rights as a human being and the enjoyment of such rights does not depend upon the
will of any majority or minority. No majority has the right to abrogate such rights. The
fundamental rights are meant for promoting the idea of political democracy. They
operate as limitations on the tyranny of the executive and arbitrary laws of the
legislature. They are justiciable in nature, that is, enforceable by the courts for their
violation. Fundamental right is called the Magna Carta of India.

Articles 12-35 of Indian Constitution deal with Fundamental Rights. These human rights
are conferred upon the citizens of India for the Constitution tells that these rights are
inviolable. Right to Life, Right to Dignity, Right to Education etc. all come under one of
the six main fundamental rights.

Why are they called Fundamental Rights?

These rights are called fundamental rights because of two reasons:
1.They are enshrined in the Constitution which guarantees them
2.They are justiciable (enforceable by courts). In case of a violation, a person can
approach a court of law.

Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone of the
country. They are essential for safeguarding the people’s interests.
According to Article 13, all laws that are violative of fundamental rights shall be void.
Here, there is an express provision for judicial review. The SC and the High Courts can
declare any law unconstitutional on the grounds that it is violative of the fundamental
rights. Article 13 talks about not just laws, but also ordinances, orders, regulations,
notifications, etc

Amendability of Fundamental Rights

Any changes to the fundamental rights require a constitutional amendment that should
be passed by both the Houses of Parliament. The amendment bill should be passed by
a special majority of Parliament.

Features of Fundamental Rights

Fundamental rights are not absolute rights. They have reasonable restrictions,
which means they are subject to the conditions of state security, public morality
and decency and friendly relations with foreign countries.
Some of the fundamental rights are available to all citizens while the rest are for
all persons (citizens and foreigners).
They are justiciable, implying they are enforceable by courts. People can
approach the SC directly in case of violation of fundamental rights.
Fundamental rights can be amended by the Parliament by a constitutional
amendment but only if the amendment does not alter the basic structure of the
Constitution.
Fundamental rights can be suspended during a national emergency. But, the
rights guaranteed under Articles 20 and 21 cannot be suspended.
The application of fundamental rights can be restricted in an area that has been
placed under martial law or military rule.

Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights that are available only to citizens (and
not to foreigners):
1.Prohibition of discrimination on grounds of race, religion, caste, gender or place
of birth (Article 15).
 2.Equality of opportunity in matters of public employment (Article 16).
3.Protection of freedom of:(Article 19)
Speech and expression
Association
Assembly
Movement
Residence
Profession
4.Protection of the culture, language and script of minorities (Article 29).
5.Right of minorities to establish and administer educational institutions (Article
30).

List of Fundamental Rights

There are six fundamental rights of Indian Constitution along with the constitutional
articles related to them are mentioned below:

Right to Equality
Right to equality guarantees equal rights for everyone, irrespective of religion, gender,
caste, race or place of birth. It ensures equal employment opportunities in the
government and insures against discrimination by the State in matters of employment
on the basis of caste, religion, etc. This right also includes the abolition of titles as well
as untouchability.
A. Equality before law-(Art 14): The State shall not deny to any person equality before
the law or the equal protection of the laws within the territory of India, on grounds of
religion, race, caste, sex or place of birth

B. Prohibition of discrimination on the grounds of religion race, caste, sex or place

of Birth (Art 15): The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them.
C. Equality of opportunity in matters of public employment, (Art 16): There shall be
equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State.

D. Abolition of untouchability (Art 17):Untouchability is abolished in all forms. Any

disability arising out of untouchability is made an offence.

E. Abolition of titles, (Art 18): Abolition of all titles except military and academic.

Right to Freedom
Freedom is one of the most important ideals cherished by any democratic society.
The right to freedom guarantees freedom for citizens to live a life of dignity
among other things. The Indian Constitution guarantees freedom to citizens. The
freedom right in Article 19 defines six freedoms such as:

A. Freedom of speech and expression

B. Freedom of Assembly
C. Freedom to from Association
D. Freedom of Movement
E. Freedom to reside and to settle
F. Freedom of Profession, occupation, trade or business.

These six freedom are however not absolute, and subject to reasonable restriction
which are as follows:-
i. Security of the State
ii. Friendly relation with foreign states
iii. Public order
iv. Decency and Morality
v. Contempt of Court
vi. Defamation
vii. Incitement to an offence
viii. Sovereignty and Integrity of India
 Right against Exploitation
These are important Fundamental Rights that guarantee every citizen protection from
any kind of forced labour.

A. Prohibition of traffic in human beings and forced labour(Art 23): prohibits traffic
in human beings and other similar forms of forced labour. However, state may impose
compulsory service for public purpose i.e military service or social service.
B. Prohibition of employment of children in factories(Art 24): prohibits the
employment of children below the age of 14 years in any factory, mine or other
hazardous activities.

Right to Freedom of Religion

This indicates the secular nature of Indian polity. There is equal respect given to all
religions. There is freedom of conscience, profession, practice and propagation of
religion. The State has no official religion. Every person has the right to freely practice
his or her faith, establish and maintain religious and charitable institutions.

A. Freedom of conscience(Art 25): says that all persons are equally entitled to
freedom of conscience and the right to freely profess, practice and propogate religion.

B. Freedom to manage religious affairs(Art 26):This Article provides that every

religious denomination has the following rights:
.

1.The right to form and maintain institutions for religious and charitable intents.
2.The right to manage its own affairs in the matter of religion.
3.The right to acquire the immovable and movable property.
4.The right to administer such property according to the law.

C. Freedom from taxation for promotion of Religion(Art 27): lays down that no
person shall be compelled to pay any taxes for the promotion or maintenance of any
particular religion or religious denomination.

D. Freedom from attending religious instruction(Art(28): provides that no religious

instruction shall be provided in any educational institution wholly maintained out of
state funds. However, this provision shall not apply to an educational institution
administered by the state but established under any endowment or trust requiring
imparting of religious institution in such institution.

Cultural and Educational Rights

These rights protect the rights of religious, cultural and linguistic minorities, by
facilitating them to preserve their heritage and culture. Educational rights are for
ensuring education for everyone without any discrimination.

A. Protection of interest of minority(Art29): This provides any section of the citizens

residing in India having a distinct culture, language, or script, the right to conserve their
culture, language and script. The State shall not deny admission into educational
institutes maintained by it or those that receive aid from it to any person based only on
race, religion, caste, language, or any of them.

B. Right of minorities to establish and administer educational institutions:-(Art30):

 In making any law providing for the compulsory acquisition of any property of an
educational institution established and administered by a minority, the State shall
ensure that the amount fixed by or determined under such law for the
acquisition of such property is such as would not restrict or abrogate the right
guaranteed.
 The State shall not, in granting aid to educational institutions, discriminate
against any educational institution on the ground that it is under the
management of a minority, whether based on religion or language.

Right to Constitutional Remedies

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The
government cannot infringe upon or curb anyone’s rights. When these rights are
violated, the aggrieved party can approach the courts. The Constitution empowers the
Supreme Court and High Courts to issue orders or writs.

Types of Writs
A. Habeas Corpus: is a writ that is enforced to protect the fundamental right to liberty
of an individual against unlawful detention. This writ commands a public official to
deliver a detained person in front of the court and provide valid reasons for the
detention.
B. Certiorari: is issued to a lower court directing that the transfer of a case for review,
usually to overrule the judgment of the lower court. It is issued in case the higher court
finds it a matter of over jurisdiction or lack of jurisdiction.
C. Prohibition: is a writ issued by a higher court to a lower court to enforce inactivity in
the jurisdiction. Writ of Prohibition can only be issued against judicial and quasi-judicial
authorities.
D. Mandamus: This issued to a subordinate court, an officer of the government, or a
corporation or other institution commanding the performance of certain acts or
duties.Unlike Habeas Corpus, Mandamus cannot be issued against a private individual.
E. Quo Warranto: is issued against a person who claims or usurps a public office.
Through this writ, the court inquires ‘by what authority’ the person supports his or her
claim.

Directive Principles of State Policy

The Sapru Committee in 1945 suggested two categories of individual rights. One being
justiciable and the other being non-justiciable rights. The justiciable rights, as we know,
are the Fundamental rights, whereas the non-justiciable ones are the Directive
Principles of State Policy. The D.P.S.P. contained in Part IV of the Constitution set out
aims and objective to be taken up by the States in the governance of the country. This
feature of the Constitution is borrowed from the Constitution of Ireland. DPSP are
ideals which are meant to be kept in mind by the state when it formulates policies and
enacts laws. There are various definitions to Directive Principles of State which are
given below:
They are an ‘instrument of instructions’ which are enumerated in the
Government of India Act, 1935.
They seek to establish economic and social democracy in the country.
DPSPs are ideals which are not legally enforceable by the courts for their
violation.
The Constitution of India contains the following directive principals:-
i. Directive for social order based on justice – Art 38(1) requires the State to try and
promote the welfare of the people by securing a social order in which every one is
assured social, economic and political justice.
ii. Directives in the nature of non-justifiable right of every citizen –
 right to adequate means of livelihood Art 39 (a),
 right of both sexes to equal pay for equal work Art 39 (b)
 Right against economic exploitation. Art 39 (e)
 Equitable justice and free legal aid, Art 39 (A).
iii. To organize village Panchayats as units of self-government (Art. 40)
iv. Right of work within the economic capacity of the state. Art 41
v. The State shall make provision for securing just and humane conditions of work and
for maternity relief. Art. 42.
vi. To develop cottage industries. (Art 43)
vii. Participation of workers in management of industries, (Art 43A)
viii. To secure a uniform civil code for the Citizen (Art 44).
ix. The State shall endeavour to provide, free and compulsory education for all children
until they complete the age of fourteen years. Art. 45
x. To promote with special care the educational and economic interests of the weaker
section of the People and, in particular, of the Scheduled Castes and the Scheduled
Tribes, and shall protect them from social injustice and all forms of exploitation.
xi. To prohibit consumption of liquors and intoxicating drug except for medical
purposes. (Art 47).
xii. To organize agriculture and animal husbandry on modern lines.
xiii. Protection and improvement of environment and safeguarding of forests and wild
life, (art 48A)
xiv. To protect and maintain places of historic, and artistic interest. (Art 49).
xv. To separate judiciary from executive (Art 50).
xvi. The State shall endeavour to—
a. promote international peace and security;
b. maintain just and honourable relations between nations;

Criticism of Directive Principles of State Policy

As a point of debate, the following reasons are stated for the criticism of Directive
Principles of State Policy:
1.It has no legal force
 2.It is illogically arranged
3.It is conservative in nature
4.It may produce constitutional conflict between centre and state

Relation between Fundamental Rights & D.P.S.P

D.P.S.P contained in Part IV of the Constitution. These are defined in Art 36 to 51 set out
the aims and objectives to be taken up by the State in the Governance of the country.
The D.P.S.P. is borrowed from the Constitution of Ireland. The D.P.S.P. are not justifiable.
Fundamental Rights are contained in Part III of the Constitution. These are defined in
Art 12 to 35. These rights are provided for to every person of India and it can be
enforced by the Court.
In Kesvanand Bharti v. State of Kerala, The Supreme Court held that the fundamental
right & D.P.S.P. aim is the some goal of bringing about a social revolution and
establishment of a welfare state and they can be interpreted and applied together.

Fundamental Duties
The fundamental duties which were added by the 42nd Amendment Act of the
Constitution in 1976, in addition to creating and promoting culture, also strengthen the
hands of the legislature in enforcing these duties vis-a-vis the fundamental rights.
The list of 11 Fundamental Duties under article 51-A to be obeyed by every Indian
citizen is given in the table below:

Importance of Fundamental Duties

Fundamental Duties are an inalienable part of fundamental rights. The importance of
these are given below:
1. They remind Indian Citizens of their duty towards their society, fellow citizens
and the nation
2. They warn citizens against anti-national and anti-social activities
3. They inspire citizens & promote a sense of discipline and commitment among
them
 4. They help the courts in examining and determining the constitutional validity of a
law
11 Fundamental Duties
1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem

2. Cherish and follow the noble ideals that inspired the national struggle for freedom

3.  Uphold and protect the sovereignty, unity and integrity of India

4. Defend the country and render national service when called upon to do so

Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities
5.
and to renounce practices derogatory to the dignity of women

6. Value and preserve the rich heritage of the country’s composite culture

7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures

8. Develop scientific temper, humanism and the spirit of inquiry and reform

9. Safeguard public property and to abjure violence

10. Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement

Provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional
11.
Amendment Act, 2002

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized
on the following grounds:
•They have been described by the critics as a code of moral precepts due to their
non-justiciable character. Their inclusion in the Constitution was described by the
critics as superfluous. This is because the duties included in the Constitution as
fundamental would be performed by the people even though they were not
incorporated into the Constitution.
•Some of the duties are vague, ambiguous and difficult to be understood by the
common man.
•The list of duties is not exhaustive as it does not cover other important duties
like casting vote, paying taxes, family planning and so on. In fact, the duty to pay
taxes was recommended by the Swaran Singh Committee.
 CONCLUSION
The constitution of India has several distinctive features. It is the lengthiest
constitution in the world and it is a combination of rigidity and flexibility. The
constitution provides for a quasi-federal(it means a federal set up where
despite having two clear sets of government - central and the states, more
powers are given to the central government) set up with a strong center.

There is a clear division of powers between the centre and the states. The
supreme court of india, is the apex court of india which will resolve the
disputes between the centre and state or between states.India has a parliamentary
democracy. The council of ministers headed by the Prime Minister enjoys the real
powers and is responsible to the parliament, The indian constitution provides for
Fundamental Rights which are justifiable, Ten Fundamental Duties have also been
added to the constitution, The Directive Principle of state policy give a concrete shape
to the welfare concept.

References
• Baxi, U(1981), The Right to be Human. India International Centre, New
Delhi

• Diwan, P & Diwan, P(1998), Human Rights and the Law-Universal and
Indian, Deep & Deep Publications Pvt. Ltd., New Delhi, p.23.

• Granville Austin , The Indian Constitution: Cornerstone of a Nation ( New

Delhi , Oxford University Press , 1966 ) .

• https://en.wikipedia.org/wiki/Constitution_of_India

• Lutz, P and Burke (1989), New Directions in Human Rights, University of

Pennsylvania Press, Phiiadelphia

• Ministry of Law and Justice (India)

 APPENDICES

Bhimrao Ramji Ambedkar

Dr. Bhimrao Ramji Ambedkar is known as the Father of the Indian Constitution.
Ramji Ambedkar was an Indian jurist, economist, social reformer and political
leader who headed the committee drafting the Constitution of India from the
Constituent Assembly debates, served as Law and Justice minister in the first
cabinet of Jawaharlal Nehru. Furthermore, he was known for his logical, forceful
and persuasive arguments in the Constituent Assembly.

He is also referred to by the honorific Bhimrao Popularly known as Babasaheb,

this brilliant writer, constitutional expert, leader of scheduled castes is known as
the ‘chief architect of the Constitution of India’. Dr Ambedkar is also known as a
‘Modern Manu’.
In 1990, the Bharat Ratna, India's highest civilian award, was posthumously
conferred on Ambedkar. The salutation Jai Bhim used by followers honours him.
Bhimrao Ramji Ambedkar (14 April 1891– 6 December 1956)
B.R. Ambedkar and Drafting of the Constitution

On 29th August, 1947 passing one resolution the Constituent Assembly

appointed a ‘Drafting Committee” with the seven members including Dr.
Ambedkar for preparing a draft of the Constitution of the independent
India. It is said when drafting of the Constitution of India was embarked
upon, Pandit Nehru and Sardar Vallabhbhai Patel thought of inviting and
consulting Sir Guor Jennings, as internationally known constitutional expert
of those times. When approached for advice in the matter Gandhiji is
reported to have told them why they should be looking for foreign experts
when they had the right within India an outstanding legal and constitutional
expert in Dr. Ambedkar who ought to be entrusted with the role which they
badly need as he so richly and rightly deserved. The Law Minister Dr.
Ambedkar was appointed the Chairman of the Drafting Committee.

The seven members, including the Chairman of the ‘Drafting Committee’

were as follows:
1) Dr. B.R. Ambedkar, Chairman
2) N. Goipalswami
3) Alladi Krishnaswami Ayyas
4) K.M. Munshi
5) Saijio Mola Saadulla
6) N. Madhava Rao and
7) D.P. Khaitan
 th
29 August 1947

B.R. Ambedkar and Drafting of the Constitution

Constitution of India