Fundamental Duties Semester 1 Vac

POL.
SCIENCE
Constitutional Values and
Fundamental Duties
B.A. S. P . S . Semester 1st
Important Questions
with Answer
NOTES
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Constitutional Values and Fundamental Duties
Contents
Unit - I The Constitution of India-An Introduction
(a) Federal Republic, Rule of Law, Separation of Power
(b) Sovereignty, Socialism, Democracy
(c) Secularism and Sarva Dharma Sama Bhava
Unit-II Constitutional Values
(a) Justice: Social, Political, Economic
(b) Liberty: Thought, Expression, Belief, Faith, Worship
(c) Equality: Equality Before Law & Equal Application of Laws
(d) Fraternity: Dignity, Unity and Integrity.
Unit-III Fundamental Duties
(a) Reflecting on the Ancient Indian Notions of Righteousness and Duty Consciousness
(b) Fundamental Duties–Article 51a [(A)- (K)]
(c) Legal Status of Fundamental Duties– Judicial Approach
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Question 1. Write a short note on Rule of Law?
Answer - Introduction
Rule of law, the mechanism, process, institution, practice, or norm that supports the
equality of all citizens before the law, secures a nonarbitrary form of government, and
more generally prevents the arbitrary use of power.
Article 14 of the Constitution of India provides for equality before the law or equal
protection of the laws within the territory of India.
Rule of Law
Supremacy of Law
 Rule of law according to Dicey means the absolute supremacy or predominance
of regular law as opposed to the influence of arbitrary power or wide discretionary

power.
 It means the exclusion of the existence of arbitrariness on part of the government.
 This in essence means that no man can be arrested, punished or be lawfully made
to suffer in body or in goods except by the due process of law and for breach of a
law established in the ordinary legal manner before the ordinary courts of the land.
Equality before Law
 While explaining this aspect of the doctrine, Dicey stated that there must be
equality before the law or equal subjection of all classes to the ordinary law of the
land administered by the ordinary law courts.
 Dicey believed that the exemption of civil servants from the jurisdiction of the
ordinary courts of law and providing them with the special tribunals was the
negation of equality.
 He stated that any encroachments on the jurisdiction of the courts and any
restriction on the subject’s unimpeded access to them are bound to jeopardise his
rights.
Judge-made Constitution
 Dicey observed that in many countries’ rights such as the right to personal liberty,
freedom from arrest, freedom to hold public meetings, etc. are guaranteed by a
written Constitution; in England, it is not so.
 In England, those rights are the result of judicial decisions in concrete cases that
have actually arisen between the parties.

 Thus, he emphasized the role of the courts of law as guarantors of liberty and
suggested that the rights would be secured more adequately if they were
enforceable in the courts of law than by mere declaration of those rights in a
document.
Rule of Law and Indian Constitution
The Preamble of the Constitution itself prescribes the ideas of Justice, Liberty and
Equality. These concepts are further enunciated in Part III of the Constitution and are
made enforceable. All three branches of the government are subordinate i.e., the
Judiciary, Legislature and the Executive are not only subordinate to the Constitution
but are bound to act according to the provisions of the Constitution. The doctrine of
judicial review is embodied in the Constitution and the subjects can approach the High
Court and the Supreme Court for the enforcement of fundamental rights. If the
Executive or the government abuses the power vested in it or if the action is mala fide,
the same can be quashed by the ordinary courts of law.
The Supreme Court of India in Chief Settlement Commissioner Punjab v. Om
Prakash observed that in our constitutional system, the central and most characteristic
feature is the concept of the rule of law which means, in the present context, the
authority of the law courts to test all administrative action by the standard of legality.
The Court added that the doctrine of rule of law rejects the conception of the dual
state in which government action is paced in a privileged position of immunity from
control by law.
Exceptions to Rule of Law
Some exceptions to the concept of the rule of law are discussed below.
 ‘Equality of Law’ does not mean that the powers of private citizens are the same as
the powers of public officials. e.g. a police officer has the power to arrest which the
private citizen does not have.

 The rule of law does not prevent certain classes of persons from being subject to
special rules, for example, the armed forces are governed by military laws.
 Ministers and other executive bodies are given wide discretionary powers by the
statute.
 Certain members of the society are governed by special rules in their professions
like lawyers, doctors and nurses.
Conclusion
The founding fathers of India accomplished what the rest of the world thought
impossible – establish a country that would follow the letter of the law and implement
the Rule of Law. In all matters such as the protection of the rights of the people, equal
treatment before the law, protection against excessive arbitrariness, the Constitution
of India has provided enough mechanisms to ensure that the Rule of Law is followed.
Through its decisions, the Courts have strived to reinforce these mechanisms and
ensure smooth justice delivery to all citizens. Problems such as outdated legislation
and overcrowded courts are but small hindrances and bodies such as the Law
Commission of India work towards ironing out these problems with the aim of
achieving a system where there are no barriers to the smooth operation of the Rule of
Law.
Question 2. Give an introduction to the Constitution of India.
A Constitution is a set of fundamental principles or established precedents according

to which a State or other organization is governed. These rules together make up, i.e.
constitute, what the entity is. When these principles are written down into a single
document or set of legal documents, those documents may be said to embody a
written constitution if they are written down in a single comprehensive document, it is
said to embody a codified constitution.
Indian Constitution was written by a committee headed by Dr. Bhimrao Ambedkar.
It took 2 yrs., 11 months, 18 days for compilation. It was adopted on 26th November,
1949 (celebrated as Law Day), and enforced fully on 26th January, 1950 (celebrated as
Republic Day). At the time of commencement, the Constitution had 395 Articles in
22 parts and 8 schedules.
Present time, In the Indian constitution, there are 448 articles, 25 parts, 12 schedules,
and 104 amendments. The parts of the constitution have various articles which discuss
the sections of constitutional bodies' fundamental rights legislatures executive

branches and schedules
PREAMBLE OF INDIAN CONSTITUTION
Preamble means a preliminary or introductory statement, especially attached to a

statute or constitution setting forth its purpose. Preamble is an expressionary
statement in a document that explains the document’s purpose and underlying
philosophy. When applied to the opening paragraphs of a statute, it may recite

historical facts pertinent to the subject of the statute. The preamble to the Constitution
of India is a brief introductory statement that sets out the guiding purpose and
principles of the document.
“We, The People of India…”
 This phrase simply indicates that it’s we people, the people of India who are the
source of authority behind the Constitution.
 This also has an implication that the Constitution has been drawn up and enacted
by the people through their representatives, and not just handed down to them by
a king or any outside powers.
“having solemnly resolved to constitute India..”
That is to say that by declaring such a phrase we have actually abide ourselves in it’s
true spirits to follow and give full effect to the policies and principles laid down in the
Constitution.
“sovereign”
 This indicates that India is a sovereign, a nation free from any external control or
interference
 i.e. no external power can dictate the government of India. India is internally and
externally sovereign i.e. externally free from the control of any foreign power and
internally, it has a free government which is directly elected by the people and
makes laws that govern the people.

 Constitution may appear to be sovereign as it is the supreme law of the land.
However, a document cannot be a sovereign. The people of India, according to this
Constitution have given to themselves this Constitution and therefore, we can say
that the political sovereignty lies in “We, the people..” and the legal sovereignty lies
in the Constitution of India..
“socialist”
 The word “socialist” was not there in the original draft of the Constitution. This has
been incorporated in the Preamble by the 42nd Constitutional Amendment, 1976.
 This is also reflected in the words “..economic justice..” in the preamble. In a
democracy, socialism simply refers to a system of government in which the means

of productions are wholly or partly controlled by the State.
 It implies social and economic equality. Social equality in this context means the
absence of discrimination on the grounds only of caste, colour, creed, sex, religion,
or language. Under social equality, everyone has equal status and opportunities.
Economic equality in this context means that the government will endeavour to
make the distribution of wealth more equal and provide a decent standard of living
for all. This is in effect emphasized a commitment towards the formation of a
welfare state. India has adopted a socialistic and mixed economy and the
government has framed many laws to achieve the aim.
“secular”
 The word “secular” also was not there in the original draft of the Constitution. This
has also been incorporated in the Preamble by the Constitutional (42nd
Amendment) Act, 1976.
 It simply indicates that the State does not recognize any religion as its own religion
and thus, treats all religions equally. It’s a status of being neither pro-religion nor
anti-religion. It is also not based on total neutrality towards religion. It is based on
equal respect for all religions. It embodies the age-old concept of ‘Sarva dharma
Sambhava’.
Art. 25 to 28 constitutes the right to freedom of religion
 Citizens have complete freedom to follow any religion, and there is no official
religion. The Government treats all religious beliefs and practices with equal respect
and honour.
 In a secular State, the State regulates the relationship between man and man and
it is actually not concerned with the relation of man with God.
“democratic”
 This is based on the legal status of “Damus Cratus” which means rule of people i.e.
where the Government gets its authority from the will of the people. The rulers are
elected by the people and are responsible to them.
 There is a famous definition of democracy as given by Abrahim Lincoln that
“democracy is by the people, of the people and for the people.”
 The first part of the preamble “We, the people of India” and, its last part “give to
ourselves this Constitution” clearly indicate the democratic spirit involved even in
the Constitution. India is a democracy.
“republic”
The Constitution of India is republican in nature as the executive head of India is not
any hereditary monarch. This indicates the form of Government in which the Head of
State will be an elected person and not a monarch like the King or the Queen in
England. Such elected Head will be the Chief Executive Head.
Salient Features of Indian Constitution
Written and lengthiest Constitution
 There are two types of Constitutions in the world. Most of the Constitutions are
written. The first modern written Constitution was the American Constitution. On
the other hand, the British Constitution is unwritten. It consists of customs and
conventions which have grown over the years.
 In India, we have a written Constitution. The framers of our Constitution tried to
put everything in black and white. Indian Constitution can be called the largest
written constitution in the world because of its contents.
Parliamentary government
India has adopted the Parliamentary system as found in Britain. In this system, the
executive is responsible to the legislature, and remains in power only as long and it
enjoys the confidence of the legislature. The president of India, who remains in office
for five years is the nominal, titular or constitutional head. The Union Council of
Ministers with the Prime Minister as its head is drawn from the legislature. It is
collectively responsible to the House of People (Lok Sabha), and has to resign as soon
as it loses the confidence of that house.
Fundamental Duties
 A new part IV (A) after the Directive Principles of State Policy was incorporated in
the constitution by the 42nd Amendment, 1976 for fundaments duties.

 Fundamental Duties did not form part of the Constitution. Ten Fundamental Duties
were inserted in Part IV by the Constitution 42nd Amendment Act, 1976.
 A new Article – Article 51-A enumerates ten Fundamental Duties. These duties are
assigned only to citizens and not to non-citizens.
 These duties are not justifiable (i.e. These cannot be enforced through the courts
of law) The purpose of incorporating these duties in the Constitution is just to
remind the people that while enjoying their right as citizens, should also perform
their duties for rights and duties are correlative.
Conclusion
The constitution of our India is considered to be the best constitution in the world. It
has been made after studying the constitutions around the world. A constitution is
important because it ensures that those who make decisions on behalf of the public
fairly represent public opinion. It also sets out the ways in which those who exercise
power may be held accountable to the people they serve.
Question 3. Analyze Political Justice, Social Justice, and Economic Justice under
the Constitution of India.
Article 38 of the Indian Constitution directs the state to promote the welfare of the
people by securing a social order permeated by justice–social, economic and political
and to minimize inequalities in income, status, facilities and opportunities.
Social Justice
 Social justice denotes equal treatment of all citizens without any distinction based
on caste, colour, race, religion, sex and so on.
 It means the absence of privileges to any section of the society and at the same
time making provisions for the improvement of backward sections (SCs, STs and
OBCs) and women.

 Due to these differences, no person should be denied the social circumstances
required for development.
 The practice of social equality serves as the foundation for the idea of social justice.
Only in a society free from male exploitation by males can social justice be upheld.
 In other words, it is advocating equality along with equity.
 The Supreme Court of India declared social justice and judicial review to be two
fundamental elements of the Indian constitution in the case of S.R. Bommai v.
Union of India.
Economic Justice
 Economic justice denotes non-discrimination between people based on economic
factors. It entails the abolition of glaring wealth, income, and property disparities.
 Everyone should be compensated equally for equal work, and everyone should
have the opportunity to earn a living.

 Individuals shouldn't be treated differently based on their economic status. No one
should be denied a chance because of their financial situation.
 Any person's lack of opportunities should not be determined by their economic
situation.
 Economic justice is the elimination of poverty through the augmentation of

national wealth and resources and the equitable distribution of this wealth among
all participants in its creation.
Political Justice
 Political justice is that everyone has an equal, free, and fair opportunity to engage
in politics without prejudice.
 It means that everyone has equal access to political offices and equal involvement
in government processes.
 The government's operations ought to be fair from a political perspective. Any

person should be treated equally regardless of their political standing and should
not receive any benefits.
 Regardless of a person's political affiliation, every law should apply to them

equally.
Relationship between Social, Economic and Political Justice
 The three types of justice are all interconnected. The other two must be present
before one can be obtained.
 Distributive justice, which refers to eliminating economic inequalities and
redressing injustice brought on by dealing or transactions between unequals in

society, is implied by the phrase "Social and Economic Justice."
 The Preamble, as I mentioned before, is the first part of the Constitution.
 The second part is about Fundamental Rights, and the third part is about Directive
Principles.
 The Constitution of India has solemnly promised to all of its citizens justices-social,
economic, and political; liberty of thought expression, belief, faith, and worship;
equality of status and of opportunity; and to promote among the all fraternity
assuring the dignity of the individual and the unity of the nation.
 Articles 14 and 15 of the Indian Constitution's Part III contain provisions relating to
equality that uphold all three types of justice.
 A 103rd constitutional amendment was passed in 2019 as well to guarantee

economic justice for all. This amendment's jurisprudence was based on the
application of economic justice.
Conclusion
Economic justice is about money and making sure everyone has an equal share. Social
justice is concerned with equal rights in general for people of all social dimensions.
Justice stands for rule of law, absence of arbitrariness and a system of equal rights,
freedom and opportunities for all in a society. India seeks social, economic and political
justice to ensure equality to its citizens.
Question 4. What do you understand by the constitutional value of India?
The constitution declares India a sovereign, socialist, secular, and democratic republic,
assures its citizens justice, equality, and liberty, and endeavours to promote fraternity.
Constitutional Values and the Preamble of the Constitution
 The constitutional values are reflected in the entire Constitution of India, but its
Preamble embodies ‘the fundamental values and the philosophy on which the
Constitution is based.
 The Preamble to any Constitution is a brief introductory statement that conveys
the guiding principles of the document. The Preamble to the Indian Constitution
also does so. The values expressed in the Preamble are expressed as objectives of
the Constitution.
Sovereignty
 It declares India “a sovereign socialist secular democratic republic”. Being sovereign
means having complete political freedom and being the supreme authority.
 It implies that India is internally all-powerful and externally free. It is free to
determine for itself without any external interference (either by any country or
individual) and nobody is there within to challenge its authority.
 This feature of sovereignty gives us the dignity of existence as a nation in the

international community. Though the Constitution does not specify where the
sovereign authority lies but a mention of ‘We the People of India’ in the Preamble
clearly indicates that sovereignty rests with the people of India.
Socialism
 social and economic inequalities have been inherent in Indian traditional society.
This is why socialism has been made a constitutional value aimed at promoting
social change and transformation to end all forms of inequalities.
 Our Constitution directs the governments and the people to ensure a planned and
coordinated social development in all fields. It directs to prevent the concentration
of wealth and power in a few hands.

 The Constitution has specific provisions that deal with inequalities in the Chapters
on Fundamental Rights and Directive Principles of State Policy.
Secularism
 Secularism implies that our country is not guided by any one religion or any
religious considerations. However, the Indian state is not against religions. It allows
all its citizens to profess, preach and practice any religion they follow.
 At the same time, it ensures that the state does not have any religion of its own.
Constitution strictly prohibits any discrimination on the ground of religion.
Democracy
 The Preamble reflects democracy as a value. As a form of government, it derives its
authority from the will of the people. The people elect the rulers of the country and
the elected representatives remain accountable to the people.
 The people of India elect them to be part of the government at different levels by
a system of universal adult franchise, popularly known as ‘one man one vote’.
Democracy contributes to stability, continuous progress in society and it secures
peaceful political change.

 It allows dissent and encourages tolerance. And more importantly, it is based on
the principles of rule of law, inalienable rights of citizens, independence of the
judiciary, free and fair elections and freedom of the press.
Republic
 India is not only a democratic nation but it is also a republic. The most important
symbol of being a republic is the office of the Head of the State, i.e., the President
who is elected and who is not selected on the basis of heredity, as is found in a
system with the monarchy.
 This value strengthens and substantiates democracy where every citizen of India is
equally eligible to be elected as the Head of the State. Political equality is the chief
message of this provision.
Justice
 The constitution-makers have included social, economic and political justice as

constitutional values. By doing so, they have stressed that the political freedom
granted to Indian citizens has to be instrumental in the creation of a new social

order, based on socio-economic justice.
 Justice must be availed to every citizen. This idea of a just and egalitarian society
remains as one of the foremost values of the Indian Constitution.
Liberty
 The Preamble prescribes liberty of thought, expression, belief, faith, and worship as
one of the core values. These have to be assured to every member of all the
communities.
 It has been done so because the ideals of democracy cannot be attained without
the presence of certain minimal rights which are essential for a free and civilized
existence of individuals.
Equality
 Equality is a significant constitutional value as any other. The Constitution ensures

equality of status and opportunity to every citizen for the development of the best
in him/her.
 As a human being, everybody has a dignified self and to ensure its full enjoyment,
inequality in any form present in our country and society has been prohibited.
Equality reflected specifically in the Preamble is therefore held as an important
value.
Conclusion
The Constitution underpins the country's foundational values i.e., human dignity,
equality and freedom and lays out the vision of a good society that the country seeks
to become. By virtue of being a citizen, individuals undertake to obey the state.
Question 5. Write about the importance of fundamental duties in India?
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.
Importance of fundamental duties
1. A constant reminder to fulfill the duty towards the nation
The fundamental duties are a reminder to every Indian citizen that while being
entitled to all the fundamental rights, there are some duties that they need to
perform and fulfill while working towards building a great nation. They must
understand that rights and duties go hand in hand.
2. A warning against anti-social activities

For those, who find fun in violation of basic rules and causing damage to the public
property or burning the Indian flag, or hampering the peace of the general public
in any way, these fundamental duties are a reminder that if not followed properly,
they may lead to severe consequences.

3. A sense of commitment and discipline
They inculcate patriotic feelings and instill a sense of commitment and discipline
among the people. They are a constant reminder of the duties that you have
towards your country and how their fulfillment is very important for your
betterment and the betterment of the country altogether.
4. Help to determine whether a law is constitutional or not
In matters of public interests, the court can turn up to the fundamental duties to
help determine whether a particular decision may hamper the general interest of
the public or will work in their favor. If any law works to uplift any one of the
fundamental rights, it can be declared as a valid law and granted approval.
5. Imposing penalty on violation
Fundamental duties need to be followed by every single citizen. Failure to realize
the importance of fundamental duties and an effort to violate them may result in
strict action from the judiciary.

6. Maintaining the sovereignty
When people aim to fulfill a certain set of duties, they get a sense of brotherhood
and unity. This helps in establishing a harmonious relationship between the
constitution and its people.
The list of 11 Fundamental Duties under article 51-A to be obeyed by every Indian
citizen is given in the table below:
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
5. Promote harmony and the spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities 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

11. 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 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.

 The critics said that the inclusion of fundamental duties as an appendage to Part
IV of the Constitution has reduced their value and significance. They should have
been added after Part III so as to keep them on par with Fundamental Rights.
Conclusion
Suppose an Indian citizen expects the constitution to safeguard their rights and entitle
them to certain rights that ensure a high standard of living. In that case, it is their moral
duty to fulfill certain duties towards the country. These duties are listed in the Indian
constitution. Although these are not enforceable by law, citizens should understand
that duties and rights go hand in hand. One must understand the importance of
fundamental duties and fulfill them to the best of their potential.
Question 6. Explain the relationship between religion and politics.
Religion plays a powerful role in modern politics and the relationship between the
two is ever-changing. The governing of a state cannot be separated from the
religious views of its people that affect the leaders and lawmakers of a country.
Dilemmas of a secular state
The use of religion for political purposes was almost non-existent at the time of
independence. It is curious to note that communal politics gained strength after about
40 years of national government. If it was entirely due to the forces of traditionalism,
it should have appeared at the time when forces of modernity had gained traction in
Indian society and economy. Since the '60s, Indian politics has seen drastic changes in
style, language, modes of behaviour, reflecting the actual cultural understanding of

rural Indian society rather than the Western ideals of the elite which inherited power
in the Nehru years.
There are two consequences of this amalgamation of religion, politics and public
administration. First, it has given prominence in public life to religious leaders like
"sants" and "mahants", "imams" and "priests". They have started playing an active role
in governmental decision-making. The interference of religious leaders in

administrative matters can prove dangerous to India's secular democracy.
Use of religion in politics
Secularism in India began to face turbulent weather with the revival and
strengthening of religion-leaning political parties in the country. The pro-Hindu

strategies of the ruling Congress reminded the Bharatiya Janata Party (BJP),
Rastriya Swayamsevak Sangh (RSS) and Vishva Hindu Parishad (VHP) of its actual
role for which they had been struggling in the previous decades. Earlier in the '70s,
several proposals were made for a judicious deradicalization of the BJP's slogans from
groups inside the party itself.
The decade also witnessed communal propaganda bring in a few dividends and the
irreversible decline of the Jana Sangh. At this juncture, it was felt inside the party that
it should subtly shift its appeal to the middle-class. Instead of the traditional appeal to
Hindu chauvinism, it should try to project itself as a substitute for the Congress, asking
for support not because of its ideological differences with the Congress, but because
of its similarities offering a cleaner, more efficient, less corrupt government. After the
dramatic success of the ratha yatras (public processions in a chariot), its own agenda
was rewritten in a retrograde direction, but it is remarkable how clearly the party has
not rejected its other, more secular constituency.
From the early '80s, Hindu communal organisations increased the scale,
aggressiveness and violence of their operations under the general direction of the
militant Hindu right-wing party RSS and its mass fronts the VHP, which coordinates
religious bodies, and the BJP, its electoral wing. Again, in the mid-1980s, elections were
held to the Lok Sabha in 1984 after Indira Gandhi's assassination, and the BJP, under
the presidentship of Atal Bihari Vajpayee, got only two seats. Vajpayee resigned and
LK Advani, considered a hawk in the party, took over and gave BJP new hope and a
decision was taken by the leadership of BJP to promote Hindu militancy to snatch the
Hindu vote bank from the Congress.
Conclusion
The religious differences are often expressed in the field of politics. Gandhiji used to
say that religion can never be separated from politics. What he meant by religion was
not any particular religion like Hinduism or Islam but moral values that inform all
religions.
Question 7. Briefly explain the secularism?
India is a vast country where people of various religions, castes, creeds, and socio-
cultural backgrounds live. This country is diverse also concerning its diverse
population. Although, the word secularism was not mentioned in the Constitution
since the beginning, it was embedded in our polity as its philosophical phenomenon.
Though secularism is the basic structure of the Indian Constitution, its

practicability in contemporary Indian conditions is questionable because there is
increasing use of religion in the social construction of ethnic and communal identity,
consequently forming political mobilization. The caste, religion, and regional divisions
are still prevalent in India and play a significant role in shaping the ideologies of
individuals and groups.
Meaning of Secularism
Secularism means that the state does not give shelter to any particular religion.
Religion means accepting personal matters and allowing them to behave according to
their religion. In the British Encyclopedia, secularism is defined as non-spiritual.
Secularism is not atheism but has the same faith in all religions and there will be no
particular religion of the state. Also, political system will not be governed by religion.
Citizens of different faiths may be living in the states.
Every citizen can live life freely according to his or her religion. This is the meaning
of secularism. In the Indian tradition, secularism can be defined in the following three
ideologies. One, liberal ideology has endorsed the Western concept of secularism.
Politics and religion should be completely different and religion should not affect
politics and politics should not be affected by religion. Both things are agreed
differently.
Second, the transformationalist ideology emphasizes social, economic and
political development. This ideology recognizes that religion should be limited to the
private life of the individual and should try to create scientific perspectives among the
individuals. However, it is a system of doctrine and practice that disregards or rejects
any form of religious faith and worship.
The basic principle of a secular state is that there should not be any interference by
religion in the affairs of the State and vice versa, i.e., the State also should not interfere
in the affairs of religion.
Dr. B. R. Ambedkar explained secularism in the following words:
It does not mean that we shall not take into consideration the religious sentiment
of the people. All that a secular State means is that this Parliament shall not be
competent to impose any particular religion upon rest of the people.
This is the only limitation that the Constitution recognizes. After the Constituent
Assembly debate, mainly two views of secularism immerged; one is Gandhi's view, and
the other is Nehru's views. Gandhi's opinion was based on Sarva Dharma Sambhav i.e.
equality for all religions. According to him, religion cannot be separated from public
life. He said that religion is important for him, and he will respect other religions also.
Nehru followed the principle Dharma Nirpeksha.
According to him, religion should be a private matter and should not guide public
life. After independence, a new concept of secularism emerged, which was closer to
the views of both Gandhi and Nehru.
The Need of Secularism in India
Secularism has no alternative option in a multicultural nation like India, therefore,
the Indian Constitution adopted secularism. People of different languages and

religions live in Indian Union. They needed secularism to keep them together.
Therefore, with the right to freedom, it was necessary to accept secularism.
Though there is an attempt to bring unites in diversity in India, the minority
communities suffer injustice, oppression of minorities. Of course, even after the
formation of a secular state, the spirit of nationalism could not be created. Awareness
of social intolerance among minorities is a threat to national integration. There is a
need for secularism to instill a sense of nationalism among the minority groups in the
country.
Although India has adopted the concept of secular state, in fact religion has been
politicized. Religious institutions are used for voting politics. Therefore, the principle
of secularism is falling behind by increasing communalism. Communalism is anti-
democratic, so the concept of secularism needs to be rooted in the promotion of
democratic values. In a pluralistic society like India, politics based on religion is

detrimental to national integrity. Therefore, in order to build a strong democracy, the
values of secularism must be respected in the society while respecting religious values.
Secularism and Constitution of India:
Secularism as contemplated by the Constitution of India has the following

distinguishing features:
 While the state guarantees to everyone the right to profess whatever religion one
chooses to follow, it will not accord any preferential treatment to any of them.
 No discrimination will be shown by the state against any person on account of his
religion or faith.
 The right of every citizen, subject to any general condition, to enter any offices
under the state and religious tolerance form the heart and soul of secularism as
envisaged by the constitution.

 It secures the conditions of creating a fraternity of the Indian people which assures
both the dignity of the individual and the unity of the nation.
 The Supreme Court has ruled in that the State has no religion and State has to treat
all religions and religious people equally and with equal respect without in any
manner interfering with their Individual rights of religion, faith and worship.
Importance of Secularism
 In India, secularism is a positive concept, which takes within itself all the
communities in India following different religions.

 Diversity can only be effective if the secularism works as a foundational value
 India’s multireligious, multilingual, multiracial, multicultural society will only flourish
if secularism works successfully.

 Secularism in the globalizing world has many advantages.
Conclusion
India is known as a secular nation across the world. Secularism per se means a
mode of governance in which the State remains neutral in religious matters and is not
supposed to tilt in favor of a particular religion. However, to protect the interest of
minorities, specific provisions have been made in the Constitution, which indirectly
reflects that specific discriminatory provisions have been made in the Constitution. In
a secular state, majority and minority should be treated equally.
Question 8. Explain equality before law?
As stated in Article 14, “Right to Equality” was proposed to gain equal rights over
discrimination of any kind for both the citizens and the non-citizens of India. Castes,
sex, religion, place of origin and other factors are there for the common discriminatory
issues. Article 14 is divided into many parts, two of them are- “Equality before Laws
and Equal Protection of Laws”.
As the concept of ‘equality before laws’ which is adopted from a British concept,
states that the people living in India can claim the basic rights of this country equally
regardless of being poor or rich, low-ranked or high-ranked officials, creed or caste
differences or other gender discriminations. The “equal protection of laws” on the
other hand taken from the US constitution which speaks about the law should be
applied fairly to all the people living in India.
Article 14 - Equality Before Law
Article 14 ensures that the “Equality to the Law” for “Right to Equality” finds a firm
place in all their written constitutions which can guarantee the fundamental rights
irrespective of the discriminatory factors. The right to equality can provide equal
treatment for all the citizens and non-citizens living in India even before the law itself.
This prevents equality on different grounds, treating all the people as equals, be it in
public employment or abolishing untouchability or casteism. Article 14 ensures to
include all the human rights regarding liberty, life, freedom from torture and slavery,
freedom of expression, opinions, work, education and so on.
“Article 14 of the Constitution of India states -The state shall not deny to any person
equality before the law or the equal protection of the laws within the territory of India“.
Article 14 protects all the rights, to prevent discrimination regarding providing the
rights under the Human Rights Act (1993).
Equality before law in India
India is a ‘sovereign socialist secular democratic republic’ country as mentioned in
our preamble. It is also mentioned that social, economic and political justice should be
provided for all. The liberty of thought, expression, belief, faith and worship, equality
of status and opportunities and fraternity assuring an individual’s dignity and unity of
the nation should be maintained. Under Article 14, the equality before law aligns well
with the equality part of our preamble too. That said-in this territory people have every
basic right to do, work as per their skills and requirements and they cannot be
discriminated against anyway.
Origin of “Equality before Laws”
The fundamentals of this law have been taken from the ‘Magna Carta’, which is
the pact or charter of the rights signed in the UK regarding the prohibition of the
monopolistic power of states. This pact or the ‘Green Charter’ signed by King John
stated that the basic human rights to be protected under this pact and also their
churches should remain free from government interference. It also stated that people’s
rights of inheritance of properties and their basic needs should be protected from
excess taxes. This pact also claimed the protection of widow marriage rights and the
protection of people from bribery and official misconduct as well.
Conclusion
All the people under the ‘equality before laws’ should be treated equally in terms of
genders, economic background, castes, or any other factors. The rights regarding
working, having education, freedom of speech or expression is given to all those who
are living under the territory of India. Article 14 also ensures or guarantees to provide
civil, social, legal, natural, political, economic equality before the laws.
Question 9. Give a detailed account of the Indian federal system.
Federalism is a system of government in which powers have been divided between the
centre and its constituent parts such as states or provinces. It is an institutional
mechanism to accommodate two sets of politics, one at the centre or national level
and second at the regional or provincial level.
Federalism in India
India is a federal system but with more tilt towards a unitary system of government. It
is sometimes considered a quasi-federal system as it has features of both a federal and
a unitary system. Article 1 of the Indian Constitution states, ‘India, that is Bharat,
shall be a union of states. The word federation is not mentioned in the constitution.
Elements of federalism were introduced into modern India by the Government of India
Act of 1919 which separated powers between the centre and the provincial legislatures.
Features of the Indian federal system
1. The flexibility of the constitution – the constitution is a blend of flexibility and
rigidity. Certain provisions of the constitution can be easily amended. In case the
amendments seek to change aspects of federalism in India, the provision to bring
about such amendments is not easy. (Read about types of majorities in India
Parliament using which amendments or certain other provisions are introduced.)
2. More power vests with the Centre – the constitution guarantees more powers
with the Union List. On the Concurrent List subjects, the parliament can make laws
that can override the laws made by a state legislature on some matters. The
parliament can also make laws regarding certain subjects in the State List.
3. Unequal representation of states in the Rajya Sabha – the representation of the

states in the upper house is based on the states’ populations. For example, Uttar
Pradesh has 31 seats and Goa, 1 in the Rajya Sabha. In an ideal federal system, all
the states should have equal representation.
4. The executive is a part of the legislature – in India, the executive in both the
centre and the states is a part of the legislature. This goes against the principle of
division of powers between the different organs of the government.

5. Lok Sabha is more powerful than the Rajya Sabha – in our system, the Lok Sabha
is more powerful than the upper house and unequal powers to two houses is
against the principle of federalism.
6. Emergency powers – the centre is provided with emergency powers. When an

emergency is imposed, the centre has increased control over states. This
undermines the autonomy of the states. (You may also read about President’s rule
– Article 356 in the linked article.)

7. Integrated judiciary – the judiciary in India is integrated. There is no separate
judiciary at the centre and the state levels. (Gain more information about Indian
Judiciary from the notes mentioned in the linked article.)
8. Single citizenship – in India, only single citizenship is available to citizens. They

cannot be citizens of the state as well. This helps in increasing the feeling of
nationality as it forges unity amidst regional and cultural differences. It also
augments fundamental rights such as the freedom of movement and residence in

any part of the nation.
9. Governor’s appointment – the governor of a state acts as the centre’s

representative in the state. The state government does not appoint the governor,
the centre does.

10. New states formation – the parliament has the power to alter the territory of a
state by increasing or reducing the area of the state. It can also change the name
of a state.
11. All India Services – through the All-India Services such as the IAS, IPS, etc. the
centre interferes in the executive powers of the states. These services also offer
uniformity in administration throughout the nation.
12. Integrated election machinery – the Election Commission of India is responsible
for conducting free and fair elections at both the centre and the state levels in India.
The members of the EC is appointed by the president.

13. Veto over states bills – The governor of a state can reserve certain kinds of bills
for the president’s consideration. The president enjoys absolute veto on these bills.
He can even reject the bill at the second instance that is when the bill is sent after
reconsideration by the state legislature. This provision is a departure from the

principles of federalism. (Read in detail about veto power in the linked article.)
14. Integrated audit machinery – the president of the country appoints the CAG who
audits accounts of both the centre and the states.

15. Power to remove key officials – the state government or state legislature does
not have the authority to remove certain key government officials even at the state
level like the election commissioner of a state, judges of the high courts, or the
chairman of the state public service commissions.
Conclusion
Federalism is part of the basic structure of the Indian constitution which cannot be
altered or destroyed through constitutional amendments under the constituent
powers of the Parliament without undergoing judicial review by the Supreme Court.
Question 10. What do you understand by Freedom? Give detailed description.
The right to freedom gives citizens basic freedom with respect to speech and
expression, form associations, freedom of personal liberty, freedom to live a life of
dignity, etc. It is important to understand the scope of these provisions and any
exceptions thereof.
Right to Freedom
The articles 19, 20, 21A and 22 contain the provisions of the right to freedom. As
per Article 19, the following six freedoms are guaranteed to every person of the
country:
Article 19 guarantees six freedoms. They are:
1. Freedom of speech and expression: The State guarantees freedom of speech and
expression to every person of India. However, the State can impose restrictions on
the freedom of speech and expression in the interests of the integrity, security and
sovereignty of the country, friendly relations with foreign nations, for public order,
with respect to defamation, incitement to offence or contempt of court. Read more
about the Freedom of Speech and Expression here.

2. Freedom to assemble: The State guarantees every person the freedom to
assemble peacefully without arms. However, as above, reasonable restrictions can

be imposed in the interests of the sovereignty and integrity of the country and
public order.
3. Freedom to form associations/unions/cooperative societies: Again, the State
can impose restrictions in the interests of the integrity, security and sovereignty of
the country, friendly relations with foreign nations, for public order, with respect to
defamation, incitement to offence or contempt of court. This freedom gives
workers the right to form trade union, which is thus a fundamental right.
The Police Forces (Restriction of Rights) Act, 1966 prohibits police personnel from
forming trade unions.
The Constitution also allows the Parliament to pass a law restricting the right to
form political association to members of the armed forces, intelligence bureaus,
persons employed with telecommunication system.

4. Freedom to move freely: A citizen of India can move freely throughout the
territory of India. But this right can also be restricted on the grounds of security,
public order or for protecting the interests of the Scheduled Tribes.
5. Freedom of residence: Citizens of India have the right to reside in any part of the
country. Although restrictions can be imposed on the grounds of security, public

order or for protecting the interests of the Scheduled Tribes.
6. Freedom of profession: All citizens have the right to carry on any trade or
profession/occupation, provided the trade or occupation is not illegal or immoral.
Also, the law does not prevent the State from making laws related to technical or
professional qualifications required for practicing the occupation or trade.
Article 20
Article 20 deals with the protection of citizens in respect of conviction for offences.
This provides for three types of protection of the individual against the State.
Retrospective criminal legislation: This is also known as ex-post facto criminal

legislation. Under this, a person cannot be convicted for an act that was committed at
a time when the act had not been declared by law as an offence.
 This means that criminal legislation cannot be given a retrospective effect.
 This immunity cannot be used against the provision of preventive detention, and
also does not cover the trial.
 The law also provides that a person cannot be subject to a punishment greater than
what is prescribed by law for the offence committed.
Double jeopardy: This indicates that a person cannot be convicted for the same
offence more than once.
Prohibition against self-incrimination: This implies that no person accused of an

offence shall be compelled by the State to bear witness against himself.
Article 21
Article 21 states that no person shall be deprived of his life and personal liberty by
the State except as per the procedure established by law. This article has a wide
scope and its interpretation has undergone many changes over the decades.
 The Supreme Court has interpreted the right to life as the right to a dignified life.
 This is the most important right in one sense, because, without this right to life, all
other fundamental rights would be meaningless.
 It is this article that differentiates between a police state and a constitutional

state.
Article 22
 Article 22 deals with the protection against arrest and detention in certain cases.
 This article is applicable to both citizens and non-citizens.
 This provision extends certain procedural safeguards for individuals in case of an

arrest.
 It comes into the picture after a person has been arrested. It is not a fundamental
right against detention and arrest.
 The idea behind this right is to prevent arbitrary arrests and detention.
The article provides the following safeguards:
 Article 22(1) – Any person who is in custody has to be informed as to why he has
been arrested. Further, he cannot be denied the right to consult an advocate.
 Article 22(2) – The arrested individual should be produced before a judicial
magistrate within 24 hours of his arrest.
 Article 22(3) – No individual who has been arrested can be kept in custody for
more than the period determined by the judicial magistrate.
 These safeguards are, however, not applicable to

 Enemy aliens
 People arrested under preventive detention laws
Conclusion
The right to freedom is important because it is a basic human right. The Indian national
struggle against colonialism was a fight to be free of foreign imperial rule, and also for
the freedom to live life with dignity, to determine how-to live-in accordance with law,
profess any occupation or trade, speak and express freely, move and reside in any part
of the country, and ultimately to be able to live meaningful lives with security.
Question 11. Give short notes on the following.
(a) Gandhi's views on religion
(b) Humanism and Universalism
Answer -
(a) Gandhi's views on religion
Introduction
Gandhi was primarily a man of religion. His religion was

based on truth and love, and non-violence. It is his religion
that became his philosophy of life, and it gave him strength.
Gandhi expressed the opinion that religion can become a
basis for friendship among all mankind. He strongly believed

that religion does not teach mutual enmity.
He consid-ered that different religions as the different

roads going towards the same destination. Gandhi out of his
own experiences and readings came to the conclusion that all religions are based on
the same principles, namely, truth and love. He claimed that religion is a binding force
and not a dividing force. He was greatly perturbed by the fighting among people in
the name of religion, and, in fact, laid his life for the sake of religious unity.
Gandhi believed in the concept of Sarvadharma Samanatva, which means equal
respect for all creeds and faiths. But he very clearly stated that equal regard does not
mean that one should adopt other’s religion. It only refers to understanding the
opinions expressed by other religions while adhering to one’s own views.
He believed all great religions were fundamentally equal and that there should be
innate respect for them, not just mutual tolerance. He felt a person wanting to convert
should try to be a good follower of his own faith rather than seek goodness in change
of faith.
According to Gandhi, the main aim of religion is to make a one-on-one interac-tion
between God and humans. He believed God is identical with truth. He perceived God
through the service of humanity, because God lives in the heart of every human being
or for that matter in every one of his creations.
Gandhi believed that there is no issue of having only one religion because God
himself created different religions and no one has the power to question the same.
Gandhi opined the ultimate aim of the human being is the vision of God and for this
purpose, all activities—be it social, political or economic—must aim at the realization

of God.
Gandhi supported two different notions of reality that helped in correctly judging
the faiths of various religions. He had a balanced regional approach that led him to
take the whole world in the embrace of his love. He believed in the twin doctrine of
Satya and Ahimsa. The term Satya means truth and Ahimsa means non-violence.
These two principles helped Gandhi in evolving a comprehensive view of religion
that was far beyond the narrow sectarianism. For Gandhi there is no higher way of
worshipping God than serving the poor and identifying God in them.
He, out of personal choice, wanted to travel in third class compartment and usually
clad himself in a loin cloth that reminded him that he was one among the poor millions
and that he belonged to the lower order of mankind and where humanity and love
were found to be the richest.
Conclusion
Gandhi understood the term ‘love’ in terms of non-violence. It was based on this
understanding that Gandhi attempted to enlighten people that differences in the

various religions were only in terms of their approach to God. He believed that truth
and love are the two instruments that bind us to one another and also to the God.
(b) Humanism and Universalism
Introduction
Humanism is a rational philosophy informed by science, inspired by art, and motivated

by compassion. Affirming the dignity of each human being, it supports the
maximization of individual liberty and opportunity consonant with social and planetary
responsibility. Universalism is the philosophical and theological concept that some
ideas have universal application or applicability. A belief in one fundamental truth is

another important tenet in universalism.
Humanism
Roughly speaking, the word humanist has come to mean someone who:
 trusts to the scientific method when it comes to understanding how the universe
works and rejects the idea of the supernatural (and is therefore an atheist or
agnostic).
 makes their ethical decisions based on reason, empathy, and a concern for human
beings and other sentient animals
 believes that, in the absence of an afterlife and any discernible purpose to the
universe, human beings can act to give their own lives meaning by seeking
happiness in this life and helping others to do the same.
Universalism
Universalism is defined as the principle that a given value, behavior, theory, or

treatment will be the same across all groups independent of culture, race, ethnicity,
gender, and other social identities. This principle has been a core philosophical
assumption within the fields of counselling, psychology, medicine, and many other
social sciences. This foundational tenet has maintained a stronghold on theories,

research, and practice within the counselling profession.
In addition to being a core belief within counselling, universalism has also become one
of the central philosophical perspectives in defining multiculturalism.
Conclusion
Humanists, in approaching life from a human perspective, start with human ways
of comprehending the world and the goal of meeting human needs. These lead to
tentative conclusions about the world and about relevant social policies. Because
human knowledge must be amended from time to time, and because situations
constantly change, human choices must change as well.
Cultural Universalism defines certain values, norms, behaviors, and institutions

to be universal for all societies across time and geography. This consists of
characteristics like singing, storytelling, preparing food, etc. All cultures have
developed habits, rules, or ceremonies related to them.

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(a) Federal Republic, Rule of Law, Separation of Power

(b) Sovereignty, Socialism, Democracy

(c) Secularism and Sarva Dharma Sama Bhava

Unit-II Constitutional Values

(a) Justice: Social, Political, Economic

(b) Liberty: Thought, Expression, Belief, Faith, Worship

(c) Equality: Equality Before Law & Equal Application of Laws

(d) Fraternity: Dignity, Unity and Integrity.

Unit-III Fundamental Duties

(b) Fundamental Duties–Article 51a [(A)- (K)]

(c) Legal Status of Fundamental Duties– Judicial Approach

 Rule of law according to Dicey means the absolute supremacy or predominance

of regular law as opposed to the influence of arbitrary power or wide discretionary

 It means the exclusion of the existence of arbitrariness on part of the government.

Equality before Law

have actually arisen between the parties.

Rule of Law and Indian Constitution

The Supreme Court of India in Chief Settlement Commissioner Punjab v. Om

state in which government action is paced in a privileged position of immunity from

private citizen does not have.

like lawyers, doctors and nurses.

A Constitution is a set of fundamental principles or established precedents according

Indian Constitution was written by a committee headed by Dr. Bhimrao Ambedkar.

22 parts and 8 schedules.

the sections of constitutional bodies' fundamental rights legislatures executive

PREAMBLE OF INDIAN CONSTITUTION

Preamble means a preliminary or introductory statement, especially attached to a

statement in a document that explains the document’s purpose and underlying

philosophy. When applied to the opening paragraphs of a statute, it may recite

“We, The People of India…”

source of authority behind the Constitution.

a king or any outside powers.

“having solemnly resolved to constitute India..”

makes laws that govern the people.

However, a document cannot be a sovereign. The people of India, according to this

 This is also reflected in the words “..economic justice..” in the preamble. In a

democracy, socialism simply refers to a system of government in which the means

has also been incorporated in the Preamble by the Constitutional (42nd

Amendment) Act, 1976.

anti-religion. It is also not based on total neutrality towards religion. It is based on

Art. 25 to 28 constitutes the right to freedom of religion

it is actually not concerned with the relation of man with God.

“democracy is by the people, of the people and for the people.”

the Constitution. India is a democracy.

Salient Features of Indian Constitution

Written and lengthiest Constitution

conventions which have grown over the years.

 In India, we have a written Constitution. The framers of our Constitution tried to

the constitution by the 42nd Amendment, 1976 for fundaments duties.

their duties for rights and duties are correlative.

the Constitution of India.

OBCs) and women.

required for development.

fundamental elements of the Indian constitution in the case of S.R. Bommai v.

 Economic justice denotes non-discrimination between people based on economic

have the opportunity to earn a living.