Unit 1: Indian Constitution: Framing, Characteristics, Rights, and Duties

Framing of Indian Constitution

Objective Resolution

The Objective Resolution was a pivotal document presented by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946. It laid down the fundamental philosophy and guiding principles for drafting the Indian Constitution. It aimed to declare India as an Independent Sovereign Republic and to frame a Constitution for her future governance.

Key Principles of the Objective Resolution:

• India was to be an Independent Sovereign Republic.
• All powers and authority of independent India and its organs of government are derived from the people.
• It guaranteed justice, social, economic and political; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality.
• Adequate safeguards shall be provided for minorities, backward and tribal areas, and other backward classes.
• The integrity of the territory of the Republic and its sovereign rights on land, sea, and air shall be maintained according to justice and the law of civilized nations.
• The ancient land would attain its rightful and honored place in the world and make its full and willing contribution to the promotion of world peace and the welfare of mankind.

This Resolution was unanimously adopted by the Constituent Assembly on January 22, 1947, and subsequently formed the basis for the Preamble of the Indian Constitution, influencing its entire structure and philosophy.

Role of Dr B R Ambedkar in making Indian Constitution

Dr. Bhimrao Ramji Ambedkar, popularly known as the "Chief Architect of the Indian Constitution," played an unparalleled role in its framing. His contributions were immense and multi-faceted.

• Chairman of the Drafting Committee: He was appointed as the Chairman of the Drafting Committee on August 29, 1947. This committee was entrusted with the task of preparing a draft of the Constitution.
• Expertise in Law and Constitutionalism: Dr. Ambedkar possessed deep knowledge of constitutional law from various countries, which was crucial in drawing best practices and adapting them to the Indian context.
• Champion of Social Justice: He was a staunch advocate for the rights of untouchables and other backward classes. His vision for an egalitarian society is reflected in the constitutional provisions for fundamental rights, directive principles of state policy, and safeguards for scheduled castes and tribes.
• Debates and Discussions: Dr. Ambedkar actively participated in the debates and discussions of the Constituent Assembly, offering insightful arguments and clarifications on various provisions. His ability to explain complex legal concepts made the Constitution more robust.
• Blend of Rigidity and Flexibility: He advocated for a Constitution that was adaptable to changing times while maintaining its core values, leading to a unique blend of rigidity and flexibility in the amendment process.

Dr. Ambedkar's commitment to social equality, justice, and liberty left an indelible mark on the Indian Constitution, shaping it into a document that not only governs the nation but also guides its societal transformation.

Characteristics of Indian Constitution

The Indian Constitution is a unique document, a result of extensive deliberation and drawing inspiration from various world constitutions. Its key characteristics include:

• Lengthiest Written Constitution: It is the longest written constitution of any sovereign country in the world, originally having 395 Articles, 22 Parts, and 8 Schedules. Currently, it has about 470 Articles, 25 Parts, and 12 Schedules.
• Drawn from Various Sources: It has borrowed provisions from the constitutions of various countries (e.g., UK, USA, Ireland, Canada, Australia, Germany, USSR, France, South Africa, Japan) as well as the Government of India Act, 1935.
• Blend of Rigidity and Flexibility: The Constitution is neither rigid nor flexible but a synthesis of both. Some provisions can be amended by a simple majority, some by a special majority, and others require a special majority plus ratification by half of the state legislatures.
• Federal System with Unitary Bias: India has a federal system with division of powers between the Centre and states, but it also contains many unitary features like a strong Centre, single citizenship, integrated judiciary, and emergency provisions.
• Parliamentary Form of Government: It provides for a parliamentary system of government, both at the Centre and in the states. The President is the nominal head (de jure executive), while the Prime Minister and Council of Ministers are the real executive (de facto executive).
• Integrated and Independent Judiciary: The Indian judicial system is integrated (Supreme Court at the top, followed by High Courts and subordinate courts) and independent, ensuring justice and safeguarding the Constitution.
• Universal Adult Franchise: Every citizen above the age of 18 has the right to vote, without any discrimination based on caste, creed, sex, religion, etc.
• Single Citizenship: The Constitution provides for a single citizenship for the entire country, meaning a person is a citizen of India, not of any particular state.
• Independent Bodies: It establishes various independent bodies like the Election Commission, Comptroller and Auditor General of India, Union Public Service Commission, etc., to safeguard the democratic system.
• Emergency Provisions: The Constitution contains elaborate provisions to enable the President to deal with any extraordinary situation effectively, preserving the sovereignty, unity, integrity, and security of the country.
• Three-tier Government: Originally, India had a two-tier government. The 73^rd and 74^th Amendment Acts (1992) added a third tier of local self-government (Panchayats and Municipalities).

Fundamental Rights & Duties

Fundamental Rights

Fundamental Rights are a group of rights recognized by the Indian Constitution as requiring a high degree of protection from government infringement. They are enshrined in Part III of the Constitution (Articles 12 to 35). They are justiciable, meaning they are enforceable by courts.

Key Features of Fundamental Rights:

• Source: Largely inspired by the Bill of Rights in the US Constitution.
• Justiciable: Can be enforced by the courts. Aggrieved persons can directly approach the Supreme Court (Article 32) or High Courts (Article 226).
• Not Absolute: They are not absolute and are subject to reasonable restrictions.
• Can be Suspended: They can be suspended during a National Emergency (except Article 20 and 21).
• Categories of Fundamental Rights:
  • Right to Equality (Articles 14-18): Equality before law, no discrimination on grounds of religion, race, caste, sex or place of birth, equality of opportunity in public employment, abolition of untouchability, abolition of titles.
  • Right to Freedom (Articles 19-22): Protection of six rights regarding freedom of speech and expression, assembly, association, movement, residence, and profession; protection in respect of conviction for offences; protection of life and personal liberty; right to elementary education; protection against arrest and detention in certain cases.
  • Right Against Exploitation (Articles 23-24): Prohibition of traffic in human beings and forced labor; prohibition of employment of children in factories.
  • Right to Freedom of Religion (Articles 25-28): Freedom of conscience and free profession, practice and propagation of religion; freedom to manage religious affairs; freedom as to attendance at religious instruction or worship in certain educational institutions.
  • Cultural and Educational Rights (Articles 29-30): Protection of interests of minorities; right of minorities to establish and administer educational institutions.
  • Right to Constitutional Remedies (Article 32): Right to move the Supreme Court for the enforcement of fundamental rights, including the power of the Supreme Court to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto).

Fundamental Duties

Fundamental Duties were added to the Indian Constitution by the 42^nd Amendment Act of 1976, on the recommendation of the Swaran Singh Committee. They are enshrined in Part IV-A (Article 51A) of the Constitution. They serve as a reminder to citizens that while enjoying their rights, they also have certain responsibilities towards the nation.

Key Features of Fundamental Duties:

• Source: Inspired by the Constitution of the erstwhile USSR.
• Non-Justiciable: Unlike Fundamental Rights, they are not enforceable by courts. However, Parliament is free to enforce them through suitable legislation.
• Moral Obligations: They are intended to instill a sense of moral, ethical, and civic duties in citizens.
• Original Number: Initially, there were 10 Fundamental Duties.
• Current Number: The 86^th Amendment Act of 2002 added an 11^th Fundamental Duty, making it a total of 11.
• Examples of Fundamental Duties (Article 51A):
  • To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
  • To cherish and follow the noble ideals which inspired our national struggle for freedom.
  • To uphold and protect the sovereignty, unity, and integrity of India.
  • To defend the country and render national service when called upon to do so.
  • To promote harmony and the spirit of common brotherhood amongst all the people of India.
  • To value and preserve the rich heritage of our composite culture.
  • To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
  • To develop the scientific temper, humanism and the spirit of inquiry and reform.
  • To safeguard public property and to abjure violence.
  • To strive towards excellence in all spheres of individual and collective activity.
  • To provide opportunities for education to his child or ward between the age of six and fourteen years (added by 86^th Amendment Act, 2002).

Directives Principles of State Policy

The Directive Principles of State Policy (DPSPs) are enshrined in Part IV of the Indian Constitution (Articles 36 to 51). They are a set of guidelines or principles that the State (Union and State governments) should keep in mind while formulating policies and enacting laws. They aim at establishing a welfare state in India.

Key Features of DPSPs:

• Source: Inspired by the Constitution of Ireland (which had borrowed it from the Spanish Constitution).
• Non-Justiciable: They are not enforceable by any court, meaning a person cannot move the court if the government does not implement them.
• Fundamental in Governance: Article 37 states that "the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws."
• Aim: To establish social and economic democracy in the country and to realize the ideals of justice, liberty, equality, and fraternity.
• Classification of DPSPs (though not formally classified in the Constitution, they are grouped based on their content and direction):
  • Socialist Principles: Aim at providing social and economic justice and paving the way towards a welfare state. Examples:
    • Article 38: 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.
    • Article 39: To secure (a) adequate means of livelihood for all citizens; (b) equitable distribution of material resources of the community for the common good; (c) prevention of concentration of wealth and means of production; (d) equal pay for equal work for men and women; (e) protection of the health and strength of workers and children against forcible abuse; (f) opportunities for the healthy development of children.
    • Article 41: To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.
    • Article 42: To make provision for just and humane conditions for work and maternity relief.
    • Article 43: To secure a living wage, a decent standard of life and social and cultural opportunities for all workers.
    • Article 43A: To take steps to secure the participation of workers in the management of industries.
    • Article 47: To raise the level of nutrition and the standard of living of its people and the improvement of public health.
  • Gandhian Principles: Based on the ideology of Mahatma Gandhi, these principles represent the program of reconstruction enunciated by Gandhi during the national movement. Examples:
    • Article 40: To organize village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government.
    • Article 43: To promote cottage industries on an individual or co-operative basis in rural areas.
    • Article 43B: To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
    • Article 46: To promote the educational and economic interests of SCs, STs, and other weaker sections of society and to protect them from social injustice and exploitation.
    • Article 47: To prohibit the consumption of intoxicating drinks and drugs which are injurious to health.
    • Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds.
  • Liberal-Intellectual Principles: These principles reflect the ideology of liberalism and aim at establishing a modern, secular, and democratic state. Examples:
    • Article 44: To secure for all citizens a Uniform Civil Code throughout the country.
    • Article 45: To provide early childhood care and education for all children until they complete the age of six years.
    • Article 48: To organize agriculture and animal husbandry on modern and scientific lines.
    • Article 48A: To protect and improve the environment and to safeguard forests and wildlife.
    • Article 49: To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance.
    • Article 50: To separate the judiciary from the executive in the public services of the State.
    • Article 51: To promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations; and to encourage settlement of international disputes by arbitration.

Comparison: Fundamental Rights, Fundamental Duties, and Directive Principles of State Policy