UNIT 13 INDIAN CONSTITUTION AND

DEMOCRATIC POLITICS

Structure
13.1 Introduction
13.2 Objectives
13.3 The Indian Constitution
13.3.1 Values Enshrined in Indian Constitution: The Vision
13.4 Directive Principles
13.4.1 Classification of Directive Principles
13.5 Fundamental Rights
13.5.1 Restrictions on Fundamental Rights
13.5.2 Difference between Fundamental Rights and Directive Principles
13.6 Fundamental Duties
13.7 Let Us Sum Up
13.8 References and Suggested Readings
13.9 Answers to Check Your Progress Questions

13.1 INTRODUCTION
You must have read about the Indian constitution. This unit will acquaint you
with details about the Constitution of India along with the fundamental rights,
duties and directive principles as enshrined in it. The Part III of the Indian
Constitution provides six fundamental rights which are guaranteed to all Indian
citizens. These rights are basic in the sense that without these, no one can live in
a democratic manner.. Democracy cannot work if the people do not have these
rights. By providing fundamental rights and remedies against their infringement,
the Constitution of India prevents the government from becoming despotic. In
addition, this unit will introduce you to fundamental duties. These duties are
enshrined in Part IV of the Constitution. These are some responsibilities or
obligations of the citizens to perform for peace and prosperity of our country. It
is very important that we need to be aware not only of our rights but also our
duties so as to achieve the goals of national development. The teacher has a
crucial and vital role in this context. As a prospective teacher, you must know
and understand the ways and means of acquainting the school students with the
essential components and dimensions of the Indian Constitution. The present
unit will throw light on different teaching-learning strategies, activities and
assessment procedures that can be implemented for making students aware of
the Indian Constitution and its various aspects.

13.2 OBJECTIVES
After going through this unit, you will be able to:
• explain the values enshrined in the Indian Constitution;
• classify Directive Principles of State Policy mentioned in the Indian
Constitution; 65
 • describe Fundamental Rights guaranteed by the Indian Constitution;
• differentiate between Fundamental Rights and Directive Principles
• enumerate fundamental duties as enlisted in the Indian Constitution;
• formulate learning objectives for the contents of the unit;
• organize suitable teaching-learning activities to teach the contents; and
• prepare assessment questions to evaluate students’ performance.

13.3 THE INDIAN CONSTITUTION

The document containing laws and rules which determine and describe the form
of the government, the relationship between the citizens and the government, is
called a Constitution. A constitution is the basic fundamental law of a State. It
lays down the objectives of the State which it has to achieve. It also provides for
the constitutional framework that is, various structures and organs of the
governments at different levels. In addition, it describes the rights and duties of
the citizens. It is, therefore, considered to be the basis for the governance of the
country both in terms of goals and objectives as also their structures and functions.

The Constitution of India is a historic socio-legal document embracing the

aspirations of the people belonging to a multifaceted heterogeneous society. The
Indian Constituion’s commitment to structures informed by justice, liberty and
dignity of the indicidual are reflected in the Preamble. The Preamble says:

“WE, THE PEOPLE OF INDIA, have solemnly resolved to constitute India into
a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of
thought, expression, belief, faith and worship; EQUALITY of status and of
opportunity; and to promote among them all FRATERNITY assuring the dignity
of the individual and the unity and integrity of the Nation; IN OUR
CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do
HERE BY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.”

The Preamble, in brief, explains the objectives of the Constitution in two ways:
one, about the structure of the governance and the other, about the ideals to be
achieved in independent India. It is because of this, the Preamble is considered
to be the key of the Constitution.

13.3.1 Values Enshrined in Indian Constitution: The Vision

The Constitution of any country serves several purposes. It lays down certain
ideals that form the basis of the kind of society that we aspire to live in. A country
is usually made up of different communities of people who share certain beliefs,
but may not necessarily agree on all issues. A Constitution helps serve as a set of
principles, rules and procedures on which there is a consensus. These form the
basis according to which the people want the country to be governed and the
society to move on. This includes not only an agreement on the type of government
but also on certain ideals that the country should uphold. The Indian Constitution
has certain core values that constitute its spirit and are expressed in various
articles and provisions. The vision of the Indian Constitution is clearly reflected
66 in its Preamble. This vision reflects the values enshrined in our Indian
Constitution. But do you know what is the meaning of the word, ‘value’? You
may immediately say that truth, non-violence, peace, cooperation, honesty, respect
and kindness are values, and you may continue to count many such values. In
fact, in a layman’s understanding, value is that which is very essential or ‘worth
having and observing’ for the existence of human society as an entity. The Indian
Constitution contains all such values, the values that are the universal, human
and democratic. The values expressed in the Preamble are expressed as objectives
of the Constitution. These are: sovereignty, socialism, secularism, democracy,
republican character of Indian State, justice, equity, liberty, equality, fraternity,
human dignity and the unity and integrity of the nation. A brief description of the
values enshrined in our Constitution is provided here:

i) Sovereignty: As we saw, the Preamble. 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. This means that the
constitutional authorities and organs of government derive their power only
from the people.

ii) Socialism: The word socialist was not there in the Preamble of the
Constitution in its original form. In 1976, the 42nd Amendment to the
Constitution incorporated ‘Socialist’ and ‘Secular’, in the Preamble. The
word ‘Socialism’ had been used in the context of economic planning. It
signifies major role in the economy. It also means commitment to attain
ideals like removal of inequalities, provision of minimum basic necessities
to all, equal pay for equal work.

iii) Secularism: In the context of secularism in India, it is said that ‘India is

neither religious, nor irreligious nor anti-religious.’ Now what does this
imply? It implies that in India there will be no ‘State’ religion – the ‘State’
will not support any particular religion out of public funds. This has two
implications, a) every individual is free to believe in, and practice, any
religion he/ she belongs to, and, b) State will not discriminate against any
individual or group on the basis of religion.

iv) Democratic Republic: 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 the 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 judiciary, free and fair elections and freedom of the press. Democracy is
generally known as government of the people, by the people and for the
67
 people. The Preamble also declares India as a Republic. It means that the
head of the State is elected and he/she is not a hereditary ruler as in case of
the British Monarch. 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.

v) Justice: Justice promises to give people what they are entitled to in terms
of basic rights to food, clothing, housing, participation in the decision making
and living with dignity as human beings. The Preamble covers all these
dimensions of justice – social, economic and political. “Social justice” has
been defined in a variety of ways. Amongst them, they incorporate concepts
of basic rights, the realisation of human potential, social benefit, an equitable
distribution of resources, equal opportunities and obligations, security, and
freedom from discrimination. Social justice means equal rights for all,
regardless of gender, race, class, ethnicity, citizenship, religion, age or sexual
orientation. It implies equal rights for women and girls in workplaces, homes
and public life. It implies economic justice – which means governments
must take active steps to alleviate poverty and redress past injustices.
Economic justice really forms a part of social justice. It seeks the equitable
distribution of natural and intellectual wealth so that everyone is able to
gain a fair share.

vi) Equity: Equity derives its spirit from the concept of social justice. It
represents a belief that there are some things which people should have,
that there are basic needs that should be fulfilled, that burdens and rewards
should not be spread too divergently across the community, and that policy
should be directed with impartiality, fairness and justice towards these ends.
It is generally agreed that equity implies a need for fairness (not necessarily
equality) in the distribution of gains and losses, and the entitlement of
everyone to an acceptable quality and standard of living. The Universal
Declaration of Human Rights, 1948 states that the ‘recognition of the inherent
dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world’. Social
equity refers to a set of standards which apply to our personal and social
relationships with other individuals and/or groups. These standards consist
of a bundle of rights and duties which apply to members of certain “deprived
or disadvantaged sections” in society. These disadvantaged sections are
defined by the Constitution and classified on the basis of caste, religion,
creed, gender (sex), age and disability. These groups have been designated
as deprived or disadvantaged because of certain injustices which have
occurred against the members of these groups in the past and present. Social
equity is the means used to help to redress these injuries. The term also
covers the protection of certain fundamental rights which we all enjoy as
citizens of a free society.

vii) Equality: Equality is considered to be the essence of modern democratic

ideology. The Constitution makers placed the ideals of equality in a place of
pride in the Preamble. All kinds of inequality based on the concept of rulers
and the ruled or on the basis of caste and gender, were to be eliminated. All
citizens of India should be treated equally and extended equal protection of
law without any discrimination based on caste, creed, birth, religion, sex
etc. Similarly equality of opportunities implies that regardless of the socio-
68
 economic situations into which one is born, he/she will have the same chance
as everybody else to develop his/her talents and choose means of livelihood.

viii) 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. Though freedom from want has not been guaranteed in the
fundamental rights, certain directives to the State have been mentioned in
the Directive Principles.

ix) Fraternity: There is also a commitment made in the Preamble to promote

the value of fraternity that stands for the spirit of common brotherhood
among all the people of India. In the absence of fraternity, a plural society
like India stands divided. Therefore, to give meaning to all the ideals like
justice, liberty and equality, the Preamble lays great emphasis on fraternity.
In fact, fraternity can be realized not only by abolishing untouchability
amongst different sects of the community, but also by abolishing all
communal or sectarian or even local discriminatory feelings which stand in
the way of unity of India.

x) Dignity of the Individual: Promotion of fraternity is essential to realize

the dignity of the individual. It is essential to secure the dignity of every
individual without which democracy cannot function. It ensures equal
participation of every individual in all the processes of democratic
governance.

xi) Unity and Integrity of the Nation: As we have seen above, fraternity also
promotes one of the critical values, i.e. unity and integrity of the nation. To
maintain the independence of the country intact, the unity and integrity of
the nation is very essential. Therefore, the stress has been given on fostering
unity amongst all the inhabitants of the country. Our Constitution expects
from all the citizens of India to uphold and protect the unity and integrity of
India as a matter of duty.

xii) International Peace and a just International Order: The value of

international peace and a just international order, though not included in the
Preamble is reflected in other provisions of the Constitution. The Indian
Constitution directs the state (a) to promote international peace and security,
(b) maintain just and honourable relations between nations, (c) foster respect
for international law and treaty obligations, and (d) encourage settlement of
international disputes. To uphold and observe these values is in the interest
of India. The peace and just international order will definitely contribute to
the development of India.

xiii) Fundamental Duties: Our Constitution prescribes some duties to be

performed by the citizens. It is true that these duties are not enforceable in
the court of law like the fundamental rights are, but these duties are to be
performed by citizens. Fundamental duties have still greater importance
because these reflect certain basic values like patriotism, nationalism,
humanism, environmentalism, harmonious living, gender equality, scientific
temper and inquiry, and individual and collective excellence. 69
 Check Your Progress
Notes: a) Write your answers in the space given below.
b) Compare your answers with those given at the end of this unit.
1) List down any five important values enshrined in Indian Constitution.
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
2) The word ‘Socialist’ was not a part of the Preamble of Indian
Constitution originally. True / False

13.4 DIRECTIVE PRINCIPLES

The Constitution of India aims to establish not only political democracy but also
socio-economic justice to the people to establish a welfare state. With this purpose
in mind, our Constitution lays down desirable principles and guidelines in Part
IV. These provisions are known as the Directive Principles of State Policy. Though
these principles are non-justiciable, they are fundamental in the governance of
the country. The idea of Directive Principles of State policy has been taken from
the Irish Republic. They were incorporated in our Constitution in order to provide
economic justice and to avoid concentration of wealth in the hands of a few
people. Therefore, no government can afford to ignore them. They are in fact,
the directives to the future governments to incorporate them in the decisions and
policies to be formulated by them.

13.4.1 Classification of Directive Principles

Directive principles of State policy have been grouped into four categories. These
are: (a) the social and economic principles, (b) the Gandhian principles, (c)
principles and policies relating to international peace and security and (d)
miscellaneous.
A) The Social and Economic Principles
The state shall endeavour to achieve social and economic welfare of people
by:
i) providing adequate means of livelihood for both men and women;
ii) reorganizing the economic system in a way to avoid concentration of
wealth in a few hands;
iii) securing equal pay for equal work for both men and women;
iv) securing suitable employment and healthy working conditions for men,
women and children;
v) guarding the children against exploitation and moral degradation;
vi) making effective provisions for securing the right to work, education
70
 and public assistance in case of unemployment, old age, sickness and
disablement;
vii) making provisions for securing just and humane conditions of work
and for maternity relief;
viii) taking steps to secure the participation of workers in the management
of undertakings, etc;
ix) promoting education and economic interests of working sections of
the people especially the SCs and STs;
x) securing for all the workers reasonable leisure and cultural opportunities;
xi) making efforts to raise the standard of living and public health; and
xii) providing early childhood care and education to all children until they
complete the age of 6 years.
B) The Gandhian Principles:
There are certain principles, based on the ideals advocated by Mahatma
Gandhi. These principles are as follows:
i) To organize village panchayats.
ii) To promote cottage industries in rural areas.
iii) To prohibit intoxicating drinks and drugs that are injurious to health.
iv) To preserve and improve the breeds of the cattle and prohibit slaughter
of cows, calves and other milk yielding animals.
C) Directive Principles relating to International Peace and Security:
India should render active cooperation for world peace and security by
making endeavour to:
i) promote international peace and security.
ii) maintain just and honourable relations between nations.
iii) foster respect for international laws and treaty obligations.
iv) encourage settlements of international disputes by mutual agreement.
D) Miscellaneous Principles:
The Directive Principles in this category call upon the state to:
i) secure for all Indians a uniform civil code;
ii) protect historical monuments;
iii) save environment from pollution and protect wild life; and
iv) make arrangements for disbursement of free legal justice through
suitable legislation.

Check Your Progress

Notes: a) Write your answers in the space given below.
b) Compare your answers with those given at the end of this unit.
3) What do you mean by Directive Principles of State Policy?
...............................................................................................................
71
 ...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
4) The Directive Principles are justiciable and can be implemented
through law. True / False

13.5 FUNDAMENTAL RIGHTS

Every human being is entitled to enjoy certain rights which ensure good living.
In a democracy, all citizens enjoy equal rights. The Constitution of India guarantees
those rights in the form of fundamental rights. These rights ensure the fullest
physical, mental and moral development of every citizen. They include those
basic freedoms and conditions which alone can make life worth living.
Fundamental rights generate a feeling of security amongst the minorities in the
country. They establish the framework of ‘democratic legitimacy’ for the rule of
the majority. No democracy can function in the absence of basic rights such as
freedom of speech and expression. Fundamental rights provide standards of
conduct, citizenship, justice and fair play. They serve as a check on the
government. In our Constitution, fundamental rights are enumerated in Part III
from Article 14 to 32. These rights are justiciable. Our Constitution does not
permit the legislature and the executive to curb these rights either by law or by
an executive order. The Supreme Court or the High Courts can set aside any law
that is found to be infringing or abridging the fundamental rights. The fundamental
rights though justiciable are not absolute. The Constitution empowers the
government to impose certain restrictions on the enjoyment of our rights in the
interest of public good. Seven fundamental rights were enshrined in the
Constitution of India. However, the Right to Property was removed from the list
of fundamental rights by the 44th amendment in the Constitution in the year
1976. Since then, it has been made a legal right. There are now six fundamental
rights. The fundamental rights are:
1) Right to Equality
2) Right to Freedom
3) Right against Exploitation
4) Right to Freedom of Religion
5) Cultural and Educational Rights
6) Right to Constitutional Remedies.
Recently, by the 86th Amendment Act, the Right to Education has been included
in the list of fundamental rights as part of the Right to Freedom by adding Article
21(A).

1) Right to Equality
Right to Equality means that all citizens enjoy equal privileges and
opportunities. It protects the citizens against any discrimination by the State
72 on the basis of religion, caste, race, sex, or place of birth. It provides for
 equality before law, end of discrimination, equality of opportunity, abolition
of untouchability and abolition of titles. ‘Equality before law’ means that
no person is above law and all are equal before law, every individual has
equal access to the courts. However, the State is empowered to make special
provisions for women, children and for the uplift of Scheduled Castes,
Scheduled Tribes and other backward classes (OBC’s). The State can reserve
seats for these categories in educational institutions, grant fee concessions
or arrange special coaching classes. There shall be no discrimination on the
basis of religion, race, caste, sex, place of birth or residence in matters relating
to employment in public services. The Constitution abolishes untouchability
and its practice in any form is forbidden. All titles national or foreign which
create artificial distinctions in social status amongst the people have been
abolished. This provision has been included in the Constitution to do away
with the titles like ‘Rai Sahib’, ‘Rai Bahadur’ which were conferred by the
British on a few Indians as a reward for their effective cooperation to the
colonial regime. The practice of conferring titles like this is against the
doctrine of equality before law. To recognize the meritorious service rendered
by individual citizens to the country or mankind, the President of India can
confer civil and military awards on those individuals for their services and
achievements such as; Bharat Ratna, Padma Vibhushan, Padam Sri, Param
Veer Chakra, Veer Chakra, etc., but these cannot be used as ‘titles’.

2) Right to Freedom:
Freedom is the basic characteristic of a true democracy. Our Constitution
guarantees to the citizens of India a set of six freedoms described as the
“Right to Freedom” - freedom of speech and expression, freedom to form
associations, freedom to assemble peaceably without arms, freedom to move
freely in India, freedom of residence in any part, and freedom of adopting
any profession or trade or occupation. It ensures personal freedom and
protection in respect of conviction for certain offences. The Constitution
lays down that the freedom of life and liberty cannot be limited or denied
except in accordance with the procedure established by law.

3) Right against Exploitation:

The people of India were exploited not only by the British but also by the
money lenders and zamindars. This system was called forced labour. Right
against exploitation prohibits all forms of forced labour as well as traffic in
human beings. This fundamental right prohibits sale and purchase of human
beings, forced labour (beggar) and employment of children in hazardous
jobs and factories. The violation of this provision is an offence punishable
under law. The state requires citizens’ services in times of major calamities
such as floods, forest fire, foreign aggression etc.

4) Right to Freedom of Religion:

India is a multi-religious state. Besides Hindus, there are Muslims, Sikhs,
Christians and many others residing in our country. The grant of this right
involves the freedom of conscience, religion and the right to practice and
propagate any religion.. Any person can follow any religion. It gives to all
religions freedom to establish and maintain their religious institutions. Each
religious group is also free to purchase and manage its movable and
immovable property in accordance with law, for the propagation of its
73
 religion. No person can be compelled to pay any tax for the propagation of
any religion. Our Constitution lays down that no religious education can be
imparted in any educational institution which is wholly maintained out of
the state funds. This restriction does not apply to those educational
institutions which are not wholly maintained out of State funds. But, even
in those institutions, no child can be compelled to receive religious
instructions against his /her wishes. Right to freedom of religion is not
absolute. It can be restricted on the grounds of public order, morality and
health. The state shall not impose restrictions arbitrarily.
5) Cultural and Educational Rights
India is a vast country with diversity of culture, script and languages. People
take pride in their own language and culture. Our Constitution guarantees
the rights of the minorities to maintain and develop their cultures and
languages. It also confers upon them the right to establish, maintain and
administer their educational institutions. It also provides that the state shall
not discriminate against any educational institution while granting financial
aid on the grounds that it is being run by a minority community. These
rights ensure that minorities will be given assistance by the state in the
preservation of their language and culture. The ideal before the state is to
preserve and propagate the composite culture of the country.
6) Right to Constitutional Remedies
This fundamental right is the soul of the entire Bill of Rights. After reading
about all the fundamental rights, a question may arise in your mind: what
can an individual do if one or more of his or her fundamental rights are
encroached upon by the State? Part III of our Constitution provides for legal
remedies for the protection of these rights against their violation by the
State or other institutions/individuals. This is called the Right to
Constitutional Remedies stipulated in Article 32. It provides for the
enforcement and protection of fundamental rights by the courts. Since
Fundamental Rights are justiciable, they are just like guarantees. They are
enforceable, as every individual has the right to seek the help from courts, if
they are violated. It empowers the Supreme Court and High Courts to issue
writs for the enforcement of these rights.
7) Right to Education
By the 86th Amendment of the Constitution, a new article 21A has been
added after Article 21. By this Amendment Act, Right of Children to Free
and Compulsory Education Act (2009), popularly known as Right to
Education Act has been made a fundamental right and has been deleted
from the list of Directive Principles of State Policy. According to it, “The
State shall provide free and compulsory education to all children of the age
of six to fourteen in such a manner as the State may by law determine”. It
further states that it is the responsibility of the parent or guardian to provide
opportunities for education to their child or ward between the age of six to
fourteen years. It is a major step forward in making the country free of
illiteracy. But this addition remained meaningless, as it could not be enforced
until 2009 when the Parliament passed the Right to Education Act, 2009. It
is this Act which aims at ensuring that every child who is between 6-14
years of age and is out of the school goes to school and receives quality
education, that is his/her right.
74
13.5.1 Restrictions on Fundamental Rights
Though the Constitution of India guarantees all these fundamental rights for the
citizens, yet there are some limitations and exceptions of these rights also. A
citizen cannot enjoy fundamental rights absolutely or at will. Citizens can enjoy
their rights within some Constitutional limitations. The Constitution of India
imposes some reasonable restrictions upon enjoyment of these rights so that
public order, morality and health remain intact. The Constitution always aims at
restoration of collective interest along with individual interest .For example,
right to religion is subject to restrictions imposed by the state in the interest of
public order, morality and health so that the freedom of religion may not be
abused to commit crimes or anti-social activities. Therefore, our Constitution
also empowered the state to impose reasonable restrictions as may be necessary
in the larger interest of the community.
1) Restrictions may be put on the Right to Freedom of speech and expression
in the interests of the sovereignty, integrity and security of India, friendly
relations with foreign States, public order, decency or morality, or in relation
to contempt of court, defamation or incitement to an offence.
2) Right to assemble peacefully and without arms may be restricted in the
interests of the sovereignty and integrity of India or public order.
3) Right to form associations or unions may have restrictions in the interests
of the sovereignty and integrity of India, public order or morality.
4) Right to move freely throughout the territory of India and to reside and
settle in any part of India may also be restricted in the interest of the general
public or for the protection of the interests of any Scheduled Tribe.
5) Right to practice any profession or to carry on any occupation, trade or
business may have restrictions in the interests of the general public. The
State is also permitted to lay down the professional or technical qualifications
necessary for practicing any profession or carrying on any occupation, trade
or business.

13.5.2 Difference between Fundamental Rights and Directive

Principles
The fundamental rights are claims of the citizens recognized by the state. They
are in the nature of denial of certain authority to the government. They are,
therefore, negative in nature. The directive principles are like positive directions
that the government at all levels must follow to contribute to the establishment
social and economic democracy in India. Another point of difference as mentioned
earlier is that while the fundamental rights are justiciable and are enforceable by
the court of law, the Directive Principles are non-justiciable. However, this should
not lead us to conclude that the Directive Principles are inferior or subordinate
to the fundamental rights.

In spite of these differences, there is a close relationship between the fundamental

rights and directive principles. Both of these complement and supplement each
other. Whereas the fundamental rights establish political democracy, the directive
principles establish economic and social democracy. No government can afford
to ignore them while formulating its plans and policies as it is responsible for all
its actions to the people in general. 75
 Check Your Progress
Notes: a) Write your answers in the space given below.
b) Compare your answers with those given at the end of this unit.
5) How many fundamental rights are there in the Indian Constitution?
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
6) The fundamental rights are absolute in nature. True / False
7) The fundamental rights are enlisted in Article 14 to 32 in our
Constitution. True / False
8) Right to Education came into force in 2009. True / False

13.6 FUNDAMENTAL DUTIES

It is a well-established saying that rights have significance only when enjoyed in
consonance with the duties. Rights and duties are two sides of a coin. There are
no rights without duties, no duties without rights. In fact, rights are born in a
world of duties. While the rights are given as guarantees to the people, the duties
are obligations which every citizen is expected to perform. The original
Constitution enforced in 1950, did not mention fundamental duties of the citizens.
It was hoped that citizens would perform their duties willingly. But, 42nd
Amendment to the Constitution added the following list of 10 duties in Chapter
IV under Article 51A of the Constitution.
i) To abide by the Constitution and respect our National Flag and National
Anthem.
ii) To follow the noble ideals that inspired our national freedom movement.
iii) To protect the unity and integrity of India.
iv) To defend the country when the need arises.
v) To promote harmony and brotherhood among all sections of the people and
to respect the dignity of women.
vi) To preserve our rich heritage and composite culture.
vii) To protect and improve our natural environment including forests, rivers,
lakes and wildlife.
viii) To develop scientific outlook and humanism.
ix) To protect public property and not to use violence.
x) To strive for excellence in all spheres of individual and collective activity.
xi) Clause (K) of Article 51A (86th Amendment in 2002), “a parent or guardian
to provide opportunities for education of his child or ward between the age
of six and fourteen years, as the case may be.
76
Fundamental duties for citizens are in nature of a code of conduct. A few of these
duties are even vague and unrealistic. For example, a common citizen may not
understand what is meant by ‘composite culture’, ‘rich heritage’ ‘humanism’, or
‘excellence in all spheres of individual and collective activities’. They will realize
the importance of these duties only when these terms are simplified. The non-
justiciable character of these duties makes them less interesting. Fundamental
duties are like some noble advice of which some are civic duties and others are
moral duties. They are not legally binding upon the citizens and even the courts
cannot enforce them. So, fundamental duties are not enforceable by the courts of
our country. No one can be punished if he/she does not perform his/her duties.
Though there is no legal force behind these duties, yet they are integral part to
the Constitution of India. These duties have moral impact and educative value
upon the citizens. Therefore, people obey these duties on moral obligation for
welfare of the people. Inclusion of fundamental duties in the Constitution is
considered necessary towards progress, peace and prosperity of the country.

Check Your Progress

Notes: a) Write your answers in the space given below.
b) Compare your answers with those given at the end of this unit.
9) Through which Amendment, fundamental duties were included in the
Indian Constitution?
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
10) There are 10 fundamental duties in our Constitution. True / False

13.7 TEACHING - LEARNING STRATEGY

Teaching-learning strategy for this unit includes learning objectives, teaching-
learning activities and assessment questions.

13.7.1 Learning Objectives

Through this teaching-learning strategy, students will be able to :
• explain the nature and vision behind the Indian Constitution;
• describe the values enshrined in the Indian Constitution;
• discuss the nature of Directive Principles of State Policy;
• classify Directive Principles of State Policy;
• explain the meaning, and nature of Fundamental Rights;
• describe the Fundamental Rights mentioned in the Constitution;
• differentiate between Fundamental Rights and Directive Principles; and
• enumerate fundamental duties as enlisted in the Indian Constitution. 77
 13.7.2 Teaching-Learning Activities
i) The Indian Constitution
As a prospective teacher, you should know the ways and means of
acquainting and inculcating the students with constitutional values. The
following teaching-learning activities may be organized by you.
1) Give your students a handout of the Preamble of the Indian Constitution.
Ask them to answer the following questions:
i) What does the word ‘We’ stand for in the Preamble?
ii) Why do we need a Constitution?
iii) What are the values enshrined in the Indian Constitution?
2) You can make use of oral discourses during routine teaching-learning
process in the classroom to acquaint the students with various
constitutional values.
3) Your own actions and dealing with the students and other members in
the school can be an effective way of acquainting the students with
different constitutional values. You should demonstrate such values
through your own actions.
4) These constitutional values can be taught and developed through
organization of various co-curricular activities. The students can be
made aware of their duties, national unity, integrity by organizing
morning assembly and NCC activities in the schools.
5) Different Socially Useful Productive Works (SUPW) and NSS related
activities can prove to be an effective tool for imparting the values of
fraternity, dignity of the individual.
6) Debates, quizzes, and declamation contests can be organized to make
students aware of the values of secularism, socialism, equality, fraternity
and social justice.
7) Ask students to collect the details about the Right of Children to Free
and Compulsory Education Act, 2009 from the Internet.
8) You can assess the development of constitutional values among students
by observing their behaviour in non-participant situations. Individual
and group-based interviews may be conducted to assess the students’
understanding about these constitutional values.
ii) Directive Principles
You can organize the following teaching-learning activities to enhance
students’ understanding about directive principles mentioned in our
Constitution:
1) You can use lecture strategy along with question-answer strategy for
acquainting students with various categories of directive principles.
2) Declamation contest, class level seminar presentation can be organized
by the teachers on Directive Principles and its implications for function
of government.
78
 3) You can improve students’ understanding about directive principles by
explaining and illustrating various policies, acts, regulations of the
government and its different departments. You can also illustrate such
incidences or steps of the government (as reported in print or non-print
media) which were against Directive Principles. For this, you can make
use of newspaper cuttings, media, video clips in the classroom. This
will be helpful for students’ in understanding functioning of government
in accordance with the Constitution and role of judiciary in this regard.
4) The assessment of students’ understanding about Directive Principles
can be done through written tests and assignments involving analysis
of current steps initiated by the government. The students’ participation
in discussions can also help the teacher in evaluating students’
understanding about the Directive Principles and their implications.
iii) Fundamental Rights and Duties
In order to make students aware of the fundamental rights and duties enlisted
in our Constitution, you may organize the following activities:
1) Short lectures on each type of fundamental rights and duties may be
given by you. You can provide various case studies relating to
fundamental rights and their violations in the society to make students
aware of their different dimensions. This lecture should be followed
by questions from the students and clarification of doubts by you.
2) Debates on various burning issues may be organized by you in the
class to make students aware of right to freedom of speech and
expression and right to constitutional remedies.
3) Conduct a role play depicting the importance of rights of a citizen.
4) The students can be made aware of the fundamental duties like, respect
for national anthem and national flag through morning assembly and
celebration of other important national days.
5) Cultural activities like skits, plays, dramas, folk dances, folk songs,
etc. can be organized in the schools to make students understand about
right to freedom of religion, practice of own culture and languages,
right against exploitation and fundamental duties.
6) Organization of NCC, NSS and Scouts and Guide activities in the
schools can be helpful in making students aware of their duties like:
conservation of natural resources, promotion of national unity,
development of brotherhood and harmony, rendering services to the
nation in the hours of need, etc.
7) Different clubs and committees like, science club, red ribbon club,
discipline committee etc. with adequate students’ representation can
be formed in the school. This will not only help you in acquainting the
students with the right to form associations but will also help the students
in learning about functioning of such committees according to school
rules and regulations (the constitution of such committees and clubs),
the duties expected from the students and the rights endowed on them
being the member of these clubs or committees.
79
 8) Selection of monitors in the class and selection of school prefect (student
head) through democratic means can prove to be a very effective medium
for acquainting the students not only with the democratic values but also
with the process of democracy and right of electing their representatives.
School level mini parliament or state legislature can be constituted in the
school to make students aware of democracy, election process, formation of
government, etc.

9) In order to assess the students’ understanding about fundamental rights and

duties, techniques like oral questioning (viva-voce or interviews), written
tests comprising short and long answer type questions and observing students’
participation in various academic and co-curricular activities can be
organized by you. .

13.7.2 Assessment Questions

1) Explain the vision behind the Indian Constitution?
2) What are the major constitutional values enshrined in the Preamble? How
are these being practiced in our daily lives?
3) Examine the nature of Directive Principles of State Policy. What is the
sanction behind them?
4) Examine the role of the state in the implementation of Directive Principles
of State Policy.
5) Explain the implications of Directive Principles in governance?
6) Explain the significance of fundamental rights in our day to day life. Which
fundamental right do you consider the most important in your life and why?
7) Highlight only three restrictions imposed on the Right to Freedom. In your
opinion, are these restrictions justified? Give arguments to support your
answer
8) What are the fundamental duties enumerated in the Constitution? Which of
these do you consider as most important duties and why?
9) “Duties and rights go side by side.” Explain the statement.

13.8 LET US SUM UP

In this unit, we discussed about the Indian Constitution and the values enshrined
in it. Our Constitution is a rich source of values and our existence in the absence
of Constitution is almost impossible. Besides this, we also described the Directive
Principles which are guidelines for the government and other functionaries to
govern the nation. These Principles, though non-justiciable, are the major source
for a successful democracy. We also discussed about fundamental rights, their
types and nature. We described that there are seven fundamental rights which are
guaranteed by our Constitution and are justiciable in nature. Any sort of oppression
or breach of such rights by any person, group or government is subjected to legal
action and remedy. These rights are protected through courts of law. The Indian
Constitution also incorporates fundamental duties of its citizens. Both these rights
and duties are closely connected to one-another. Every right implies a
corresponding duty. The unit also focused on the strategies that can be adopted
by you as a prospective teacher for acquainting the students with all the aforesaid
80
aspects of the Indian Constitution. Along with this, we provided some questions
for assessing students on these aspects.

13.9 REFERENCES AND SUGGESTED READINGS

Bakshi, P. M. (2014). The Constitution of India. New Delhi: Universal Law
Publishing Company Ltd.
Basu, D. D. (2015). Introduction to Constitution of India. New Delhi: UBS
Publishers and Distributors.
Rai, Udai Raj (2014). Fundamental Rights and Their Enforcement. New Delhi:
Prentice Hall of India Ltd.
Shukla, V. N. (2013). Constitution of India. New Delhi: Eastern Book Company
Ltd..

13.10 ANSWERS TO CHECK YOUR PROGRESS

1) Values enshrined in our Constitution are; Equality, Fraternity, Secularism,
Justice and Equity.
2) True.
3) The Directive Principles are like positive directions that the government at
all levels must follow to contribute to the establishment social and economic
democracy in India.
4) False.
5) Seven.
6) False.
7) True.
8) True.
9) 42nd Amendment in 1976.
10) True

81