CONSTITUTIONAL VALUES:

Semester-I
UNIT I: The Framework:

1.1: constitution: Meaning and Importance; constituent Assembly and Making of

Indian Constitution:

MEANING AND IMPORTANCE OF CONSTITUTION:

The politically organized group of society is known as ‘state’. Every state requires a
constitution, which may differ from one state to another. The constitution determines
the structure of the state; organs of the government; rights and duties of the citizens;
and relationship between government and governed. Hence, constitution may be said to
be a collection of principles according to which the powers of the government, the
rights of the governed and the relation between two are adjusted. Thus, a set of rules
whereby the entire political system is carried on is “constitution”.
The study of political constitution is a branch of political science or ‘science of state’.
It may be written or unwritten; flexible or rigid; brief or detailed.
Constitution is the fundamental law of the state, without which state cannot operate. A
state without a constitution becomes anarchy system or lawlessness. In such a state
people do not have security for their life and property. Since, the existence of state, has
created conducive atmosphere to lead a better life. Hence, people of each political
communities has realised that, there is a need to form or establish a constitution of their
own for the betterment of the whole community.

The word ‘constitution’ is derived from the word ‘constitute ‘mean ‘to form’, ‘to
establish’ or ‘to compose’. It means constitution is a collection of principles according
to which the powers of the government, the rights of the governed, and the relation
between two are adjusted. The constitution may be deliberation creation on paper; it
may be found in one Document or in several documents.Thus,constitution is
fundamental law of the law which contains ;
a)Organization and structure of the state.
b) Powers of the three organs of the government.
c) The relation between government and governed
Definitions:
The following are the definitions of constitution.
1. Aristotle: “constitution is the way in which citizens, who are component parts of the
state, are arranged in relation to one another”.
2. Lord Bryce:A constitution is “collection of laws and customs under which the life of
the state goes on”.
3. MacIver: A constitution is “the law which governs the state”.
4. K.C. Wheare: “The constitution is a collection of legal rules which govern the
government of the country and which have been embodied in a document”.
 5. C.F.Strong: “The constitution may be a deliberate creation on paper, it may be found
in one document which itself altered or amended as time and growth demand, or it may
be bundle of separate laws given special authority as the laws of the constitution”.
From the above mentioned definition one may observe a rate of unanimity among
scholars regarding the nature and characteristics of constitution. It is clearly understood
that, constitution is a set of rules which requires for the smooth
function of state. It may written or unwritten; rigid or flexible; brief or detailed in
nature. It may be embodied in a single or several documents. It is fundamental law of
the land which determines the organization and structure of the state, establishes organs
of the government and their powers and functions, rights and duties of the people,
relation between people and government.
NATURE OF THE CONSTITUTION:
Constitution is the pre-requisite for every state whether Democratic, Military
dictatorship, Communist or Theocratic etc.
However the nature of the constitution may differ from one political system to another.
Following are the points specify the general nature of the constitution.
1. Constitution is the supreme or fundamental law of the land. No other ordinary law
is above the constitution.
2. Constitution determines the nature of the state. It may be Democratic, communist,
military Dictatorship or in any form.
3. The Constitution may be written, Unwritten, rigid or flexible, Unitary or Federal
etc.
4. Constitution is dynamic in nature .They are adjustable to the needs or to fulfil the
aspirations of the people.
5. The constitution may be evolved over a period of time or it may be framed by an
elected body like constituent Assembly or by group of delegates like Philadelphia
convention of U.S.A.
6. Constitution determines the nature of relationship between the citizens and their state.
It ensures the protection of rights by judicial organ of the state.
7. Constitution specifies the powers and functions of the organs of the government and
their mutual relations. Separation or fusion.
8. Method of changing the constitution (Amendment procedure) provided in it.

IMPORTANCE OF THE CONSTITUTION:

The students of Indian constitution need to understand the importance or significance
of the constitution. Because, constitution is the basic law of the state, the Modern
government in around the world are the creation of the constitution therefore, one can
observe ‘Constitutional Government’ everywhere, has provided security to life and
property of an individual and to lead a better life. The following points indicate the
importance of the constitution.

1. It regulates the arbitrary nature of the government and establishes rule of law:
 The modern governments are Constitutional Government’. It operates in accordance
with the provisions of the constitution. Hence, it is a ‘Limited Government’. Because,
the constitution has regulated the arbitrary power of the state. If any laws passed by
passed by legislature violates the principles of the constitution, such laws may
declare’Un-constitutional’or ‘Ultravires’by judiciary through its power of judicial
Review. So, the judiciary protects the constitution, in turn constitution limits the power
of the government.
2. To ensure better relationship between Government and the people:
The modern constitutional Government ensures better relationship between people and
the government. The government enacts many laws for the interest of the people. Many
programmes and policies have been adopted and implemented for the benefit of the
people. Constitution also regulates the arbitrary power of the actions of the state to
ensure the well-being of the community. People enjoyed and exercised many basic
rights guaranteed by the constitution. The people respected and followed the rules and
regulations made by the government from time to time. So, it ensures better
relationship between governments and governed.
3. Protects the Fundamental rights of the people:
The basic rights in the form of fundamental rights guaranteed and protected by
constitution. The Article32 is the basic features of the constitution, it provides right to
move the supreme court by appropriate proceedings for the enforcement of the
fundamental rights guaranteed.
4. Mirror of the state and its objectives:
Constitution reflects its nature and objectives of the state. Constitution is the
foundation or base for the functioning of the Government.
5. To bring order within the state:
State maintains order inside the society through its law enforcing agencies .A state
without order there will be lawlessness or Anarchy system is going to prevail. In such
society there would be no protection to life and property of an invidual.

CONSTITUENT ASSEMBLY AND MAKING OF INDIAN CONSTITUTION:

Constituent Assembly was constituted under the scheme formulated by cabinet mission plan
in 1946. The total strength of constituent Assembly was 389. Out of which,296 allotted to
British India and 93 for princely states.

Constituent Assembly was partly elected and partly nominated Body. Constituent Assembly
was not directly elected body on the basis of ‘Adult Franchise’. It composed of all sections of
communities (including SC, ST and Women etc.). It also included all important personalities
except Mahatma Gandhi and Mohammed Ali Jinnah.

Constituent Assembly held its first meeting on 9 December, 1946, Muslim League
boycotted the meeting, demanded a separate state for Muslims(Pakistan). Meeting attended
only 211 members. Dr. Sachidananda Sinha , elected a interim president of constituent
Assembly.

On December 11,1946 ,Dr.Rajendra Prasad ,H.C.Mukharjee was elected president and Vice-
President of the Assembly respectively. Sri B.N.Rao was appointed as ‘Advisory of
Constituent Assembly’.on December 13,1946, Jawaharlal Nehru moved the Objective
Resolution of the Assembly. Objective Resolution was adopted by constituent Assembly on
January 22, 1947.

The Independence Act of 1947 made the three changes in the position of Constituent
Assembly.

a. The Assembly was made fully sovereign body.

The Act empowered the assembly to abrogate, alter any law made by ‘British
Parliament’.
b. Assembly also become a legislative Body.
c. Muslim league members hailing from (present Pakistan) withdrew from constituent
Assembly.
The total strength of constituent Assembly came down to 299 as against 389.
Constituent Assembly appointed a number of committees to deal with different task
of constitution –making.
“Drafting Committee “ was set up on August 29,1947, headed by Dr.B.R.Ambedkar
and other 7 members.They are as follows.
a. N.Gopalswamy Iyyengar
b. Alladi Krishna Swamy Ayyar.
c. Dr.K.M.Munshi.
d. Sayyad Mohammed Saddullah.
e. Madhav Rao replaced by B.L Mitter under ill-health.
f. T.T.Krishnamachari(Replaced by D.P.Khaitan).
The first Draft of the constitution was prepared and published in February, 1948.
The second Draft of the constitution was prepared and published in October, 1948.
Dr.B.R.Ambedkar has introduced the final draft of the constitution on November
4th,1948. The constitution was adopted on November 26 th, 1949.It took 2years,11
months and 18 days to prepare a new constitution for free Indians. It contains 395
Articles 8 schedules and 22 parts at the beginning. Finally constitution came into
force on January 25,1950, celebrated as a “Republican Day”.
Dr.B.R.Ambedkar recognised as a “Father of the Constitution of India”. He was a
brilliant writer, a constitutional expert and Undisputed leader of India. He is
popularly known as “Modern Manu”. He is known for “Architect of Indian
Constitution”.
SALIENT FEATURES OF THE INDIAN CONSTITUTION; THE
PREAMBLE:
Constitution is Fundamental law of the law, so every citizen of India has to
abide to the constitution.
1. Lengthiest written Constitution:
 Originally the constitution contained a preamble,395 Articles (divided into 22
parts) and 8 schedules . Presently, it consists of a preamble, about 470 Articles
(divided into 25 parts)

Four factors have contributed to the elephantine size of our constitution. They
are

a) Geographical factors, that is ,the vastness of the country and its diversity.
b) Historical factors e.g., the influence of Government of India Act of 1935
which was bulky.
c) Single constitution for both the centre and states except states of Jammu
and Kashmir.
d) Dominance of legal luminaries in the constituent Assembly.

2. Drawn from various sources:

The constitution of India has borrowed most of its provisions from the
constitution of various other countries as well as from from the Government
of India Act,1935.
The structural part of the constitution derived from the Government of
India Act 1935. The philosophical part of the constitution (Fundamental
rights and Directive principles of state policy).from American constitution.
The political part of the constitution (the principles of cabinet Government
and the relation between executive and legislature) from drawn from British
constitution.
The other provisions of the constitutions have been drawn from the
constitution of Canada, Australia, Germany, Former U.S.S.R, France, South
Africa, Japan and so on.
Indian constitution is a ‘Borrowed Constitution’, a ‘patchwork’ and
contains nothing new and original is Unfair and illogical.
3. Federal System with Unitary Bias:
A constitution of India establishes a Federal system of Government. It
contains features federalism namely; two Governments, Division of
Powers, Written Constitution, Supremacy of the constitution, rigidity of the
constitution, Independent Judiciary, and Bi-cameralism.
However , Indian constitution also contains a large number of Unitary
features such as Strong centre, single constitution, single citizenship,
Flexibility of the constitution, integrated judiciary, Appointment of state
Governors by centre , All India services, Emergency provisions etc. It
contains both federal and unitary features.
4. Parliamentary form of Government:
 Parliamentary form of Government is also known as ‘Westminster’ model
of Government. Responsible Government’, Cabinet Government
constitution establishes parliamentary form of Government not only at the
centre but also at the state. The features of parliamentary form of
government as follows;
a) Presence of nominal and real executive.
b) Majority party rule.
c) Collective responsibility of executive to the legislature.
d) Membership of ministers in the legislature.
e) Leadership of prime minister or chief minister.
f) Dissolution of lower house (loksabha).
5. Independence judiciary;
Constitution establishes unified, integrated judicial organisation. In the
judicial hierarchy, Supreme Court stand at the top, below High courts and
Subordinate court system at the grassroots level organised under one single
judicial system. Judges are independent and impartial and ensures to justice
to all. The power of judicial review to examine the constitutionality of law
passed by legislature. If it is against constitution, it can declare such law as
‘Unconstitutional and null and void, can reject it.

6. Fundamental rights:
Part III of the constitution guarantees six fundamental rights to all citizens;
a) Right to Equality (Article 14-18)
b) Right to Freedom( Article19-22)
c) Right Against Exploitation (Article 23- 24)
d) Right to freedom of Religion (Article 25- 28)
e) Cultural and Educational Rights (Article 29- 30)
f) Right to Constitutional Remedies (Article 32)
Fundamental rights are meant for promoting the idea of political
democracy. They are justiciable in nature that is, they are enforceable by
the courts for their violation. However, the Fundamental rights are not
absolute and subject reasonable restrictions.

7. Directive principles of state policy:

According to B.R. Ambedkar, Directive principles of state policy is a
‘Novel features ‘of the Indian Constitution. Directive principles of state
policy is a positive directions to implement welfare programmes. They are
enumerated in part IV of the constitution. They can be classified into three
broad categories- socialist, Gandhi an ,and Liberal –Intellectual. The
directive principles of state policies meant for promoting the ideal of social
and economic democracy. They are Non-Justiciable in nature that is, they
are not enforceable by the courts for their violation.
8. A Secular State:
 India is secular state; it does mean that neither pro –religious nor anti-
religious one. It is neutral towards religious affairs. It does not uphold any
particular religion as official religion of the state. Article 25 of the
constitution guarantees freedom of conscience and right to freely profess,
practice and propagate any religion of their choice. All religious
communities equally treated by the state without any discrimination.

9. A Universal Adult Franchise:

The Indian constitution envisages Universal Adult franchise as a basis of
election to the loksabha and state legislative Assemblies. Every citizen who
is not less than 18 years of age has a right to vote without any
discrimination of caste, race, religion sex, literacy, wealth etc.
10. Single Citizenship:
Though Indian constitution is federal and envisages a dual polity(centre and
states) .It provide only a single citizenship, that is the Indian Citizenship.but,
U.SA on the other hand , each person is not only citizen of U.S.A but also
citizen of particular state.
11. Independent Bodies:
Constitution of India establishes certain Independent bodies as follows;
a) Election Commission to ensure free and fair election to the parliament,
state legislative assemblies, office of president and vice-president of India.
b) Comptroller and Auditor General of India: to audit the account of
central and state Governments.
c) Union public service commission: to conduct examination for recruitment
of All India Services.
d) State public service commission in every state: to conduct examination
for state services.
12. Emergency provisions:
Constitution envisages three types of emergencies;
a) National emergency on the ground of war or external Aggression or
Internal armed Rebellion( Article 352).
b) State Emergency: on the ground of failure of constitutional machinery in
the state ( Article356)
c) Financial Emergency: on the ground of threat to the financial stability or
credit of India (Article 360).
13. Three –tier Governments: 73rd constitutional amendment Act of 1992 gave
constitutional recognition to the three tier system panchayat Raj institutions
such as grama panchayat,Taluk pachayat and Zilla panchayat.74 th constitutional
amendments gave constitutional recognition to urban local
governments( Muncipalities).

PREAMBLE:
The ‘preamble’ refers to the introduction or preface to the constitution. It
contains summary or essence of the constitution .N.A.Palkhivala ,an eminent jurist
 or constitutional expert , called preamble as the “Identity card of the
Constitution”. ‘Preamble is the soul of the constitution’.
The preamble to the Indian constitution is based on the ‘objective resolution’
drafted and moved by Pundit Nehru and adopted by Constituent Assembly.

TEXT OF THE PREAMBLE:

Preamble in the present form reads
“We the people of India, having 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, expressions, beliefs, faith and worship;
EQUALITY of status and of opportunity, and to promote among them all,
FRETERNITY assuring the dignity of the individual and unity and integrity of
the Nation;
In our Constituent Assembly this 26th day of November, 1949, do hereby
ADOPT, ENACT, AND GIVE TO OURSELVES THIS CONSTITUTION”.

INGREDIENTS OF THE PREAMBLE:

The Preamble reveals four ingredients or components ;
1. Source of the Authority of the Constitution:
The preamble states that the constitution derives its authority from people of
India.
2. Nature of Indian States:
It declares that India to be of a sovereign, Socialist, Secular , Democratic and
Republican polity.
3. Objectives of the constitution:
It specifies justice, liberty, equality and fraternity as the objectives.
4. Date of Adoption:
It stipulates November 26, 1949 as the date.
KEY WORDS IN THE PREAMBLE:
1. SOVEREIGN:
The word sovereign implies neither a dependency nor dominion of any other
nation, but an independent state. There is no authority above it.It is free to conduct
its affairs (both internal and external).

Internal sovereignty means, the state have the power to govern themselves and
make laws on certain matters.
External Sovereignty means Government is the supreme authority and can
acquire and cede any part of the territory for proper reasons and state is free to
formulate any foreign policy to maintain cordial relation with neighbouring
countries of the world.
2. Socialist:
 The word ‘socialist’ was added under 42 nd constitutional amendment in
1976.The Indian brand of socialism is a democratic socialism and not
communistic socialism(State Socialism) which involves Nationalisation of all
means of production and distribution and the abolition of private property.
Democratic socialism on other hand holds faith in a ‘mixed economy’ where
both public and private sectors co-exist side by side. The word socialist is
used to lessen the inequalities in income and status and to provide equality of
opportunity and facilities.
3. Secular:
The term secular too was added by the 42 nd constitutional amendment act of
1976. Constitution makers wanted to establish such a state to guaranteed
freedom of religion (under Article 25-28 ) to all religious communities in
India. A secular state is neither pro-religious nor anti-religious one.

4. Democratic:
A democratic polity as stipulated in the preamble based on the doctrine of
popular sovereignty that is possession of supreme power by the people.
The Indian constitution provides for representative parliamentary democracy
under which the executive is responsible to the legislature for all its policies
and actions.
5. Republic:

India has an elected head called the president. He is elected indirectly

fixed period of five years. A Republican state implies two things; a) vesting of political
sovereignty in the people 2) the absence of any privileged classes.

6. Justice:
The term ‘justice’ implies social, economic, political dimensions, secured
through various provisions of Fundamental rights and Directive principles of
state.
Social justice denotes equal treatment of all citizens without any social
distinction based on caste, creed, colour, race, religion, sex and so on. Absence
special privileges to any particular section of society and improvement of the
conditions of backward classes.(SC,ST,OBC).
Economic justice means the Non-discrimination between people on the basis
of economic factors. It involves elimination of glaring inequalities in wealth,
income and property.
7. Liberty:
The term liberty means the absence of restraints on the activities of individuals
and at same time providing opportunities for the development of individual
personalities.
Preamble secures to all citizens of India liberty of thought, expressions,
beliefs, faith, and worship, through their Fundamental rights enforceable in
court of law, in case of violation.
 8. Equality:
The term equality means absence of special privileges to any section of the
society and the provision of adequate opportunities for all individuals without
any discrimination.
The preamble secures to all citizens of India equality of status and opportunity,
this provision embraces three dimensions of equality –Civil, political and
economic.
9. Fraternity: Fraternity means a sense of brotherhood. The constitution
promotes this feeling of fraternity by system of single citizenship and also the
Fundamental duties A51 (A)
The preamble declares that fraternity has to assure two things- the dignity of
the individual and the unity and integrity of the nation.
The preamble embodies the basic philosophy and fundamental values-
political, moral, religious on which the constitution is based

FUNDAMENTAL RIGHTS AND DUTIES: Provisions as Values-

Balancing rights with reasonable restrictions:

Fundamental Rights:

The Fundamental rights enshrined in part III of the constitution from Article12-35.So that the
makers of the constitution derived inspiration from the constitution of USA(i.e, Bill of
Rights). Part III of the constitution is rightly described as the ‘Magna Carta’ of India.
Because, it contains a comprehensive list justiciable Fundamental rights. Fundamental rights
guaranteed by the constitution to all persons without any discrimination. Fundamental rights
are meant for promoting the ideals of political Democracy. The Fundamental rights are
guaranteed and protected by the constitution, which is the fundamental law of the land
Originally , the constitution provided for seven Fundamental rights namely;

1. Right to Equality(Article14-18)
2. Right to Freedom (Article19-22)
3. Right against Exploitation (Article 23-24).
4. Right to Freedom of Religion(Article25-28)
5. Cultural and Educational Rights(Article29-30)
6. Right to Property(Article 31).
7. Right to Constitutional remedies (Article 32).
However, right to property was deleted from the list
of Fundamental rights by the 44th constitutional
amendment Act ,1978. It is made a legal right under
Article 300-A.

Features of Fundamental Rights:

 1. Some of the Fundamental rights are available only to the citizens ,while others are
available to all persons whether citizens, foreigners or legal persons like corporations or
companies.

2. Fundamental rights are not absolute, the state impose reasonable restrictions on them .

3. Some of the Fundamental rights are negative in character, that it place limitation on state
authority, while others are positive in nature, conferring certain privileges on the person.

4 Fundamental rights are justiciable, allowing person to move the courts for their
enforcement, if and when they are violated.

5. They are defended and guaranteed by the supreme court. Hence an aggrieved
person directly goes to Supreme Court.
6. Fundamental rights are not permanent. The parliament can repeal them by
constitutional amendment act.
A. RIGHT TO EQUALITY: (Article 14- 18).
1. Equality before law and equal protection of law(Article 14).
2. Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth (Article 15).
3. Equality of opportunity in matters of public employment ( Article 16).
4. Abolition of untouchability and prohibition of its practices ( Article 17).
5. Abolition of Tittles except military and academy (Article 18).

1. Equality before law and equal protection of laws: (Article14)

Article14 says that, the state shall not deny to any person equality
before the law or equal protection of laws within the territory of India.
The concept of ‘equality before law’ is the British origin whiles the
‘Equal protection of laws’ has been taken from the American
constitution. The first concept implies a) the absence of any special
privileges in favour to any person. b) the equal subjection of all persons
to the ordinary law of the land administered by the ordinary law courts’)
No person (whether rich or poor, high or law , official or Non-official)
is above the law.
The ‘Equal protection of law’ implies a) The equality of treatment under
equal circumstances b) the similar application of same laws to all
persons who are similarly situated. c) the like should be treated alike
without any discrimination.
2. Prohibition of Discrimination on certain Grounds( Article 15):

Article 15 provides that the state shall not discriminate against

Any citizen on grounds only of religion, race, caste, sex, or place of birth.
 No citizen shall be subjected to any disability, liability, restriction or condition
on grounds only of religion, race, caste, sex ,or place of birth with regard to
(a)access to shop, public restaurants, hotels and places of public resort
maintained wholly or partly by state funds. There are two exceptions
● State is permitted to make any special provisions for women and children. State is
permitted to make any special provisions for the advancement of socially and
educationally backward classes.
● The state is empowered to make any special provisions for the advancement of any
special provision for the advancement of any socially, educationally backward classes
of citizen, regarding their admission to educational institutions.
3. Equality of Opportunity in Public Employment: (Article 16):
Article 16 provides for equality of Opportunity for all citizens in matters
of public employment or appointment of any office under the state. No
citizen can be discriminated against or ineligible for any employment or
office under the state on grounds of only religion, race,
caste ,sex ,descent or place of birth.
4. Abolition of Untouchability: (Article 17)
Article17 abolishes ‘Untouchability’ and forbids its practice in any
form. The disability arising out of untouchability shall be an offence
punishable in accordance with law.
The act declares the following acts as offences;
1. Preventing any person from entering any place public
worship or from worshipping.
2. Justifying untouchability on traditional, religious,
philosophical or other ground.
3. Denying access to any shop, hotel or places of public
entertainment.
4. Insulting person belonging to schedule caste on the
grounds of untouchability.
5. Refusing to admit person belonging to SC on
grounds of untouchability.
6. Preaching untouchability directly or indirectly.
7. Refusing to send goods or render service to any
person.
6. Abolition of Tittles (Article18):
Article 18 abolishes tittles and makes four provisions
a) It prohibits state from conferring any tittle (except military or
Academic distinction on any body whether citizen or a foreigner.
b) It prohibits a citizen of India from accepting any tittle from any
foreign state.
c) A foreigner holding any office of profit or trust under the state
cannot accept any tittle from any foreign state without the consent of
the president.
 d) No citizen or foreigner holding any office of profit or trust under the
state is to accept any present, emolument, or office from or under
any foreign state without consent of the president.
B. RIGHT TO FREEDOM (Article19-22):
Article 19 guarantees to all citizens the six freedom, they are as follows;
1. Freedom of Speech and expressions(Article19(1)(a):
Every citizen has right to express his views, opinions beliefs and
convictions freely by word of mouth, writing, printing, picturing or in
any other manner. It includes

a. Right to propagate one’s views and views of others.

b. Freedom of press.

c. Right Against tapping of telephonic conversation.

d. Right to telecast.

e. Right against bundh called by political parties.

f. Right to about government activities.

g. Freedom of silence.

h. Right against imposition of pre-censorship on a newspaper.

i. Right to demonstrate or picketing but not right to strike.

State can impose reasonable restriction on freedom of speech and expression on grounds of
sovereignty and integrity of India, security of state, friendly relation with foreign state, public
order, decency or ,morality contempt of court, defamation and incitement to offence.

B. Freedom of Assembly (Article19)(1)(b):

Every citizen has the right to assemble peaceably and without arms. It includes the
right to hold public meetings, demonstrations, and take out processions. This
provision does not protect disorderly, riotous assemblies or one that causes breach of
public peace or one that involves arms. This does not include right to strike.
C. Freedom of Association(Article 19(1)(c):
All citizens have the right to form associations or unions or co-operative societies. It
includes the right to form political parties, Companies, partnership firms, societies,
clubs, organizations or anybody of persons.
Reasonable restrictions can be imposed on the exercise of this right by the state on the
grounds of sovereignty and integrity of India, public order and morality.
D. Freedom of Movement: (Article 19(1) (d):

This freedom entitles every citizen to move freely throughout the territory of the
country. He can move from one country to another or one place to another within a state. The
grounds of imposing reasonable restrictions on this freedom are of two , namely, the interest
of general public and the protection of interests of any ST.

E. Freedom of Residence:(Article(19)(1)(e):
Every citizen has the right to reside and settle in any part of the territory
of the country. This has two parts (a) Right to reside in any part of the
country which means stay at any place temporarily and b)the right to
settle in any part of the country, which means to set up a home or
domicile at any place permanently.
F. Freedom of profession: Article (19)(1)(g)
All citizens are given the right to practise any profession or to carry on any
occupation, trade, or business. The state can impose reasonable restrictions on the
exercise of this right in the interest of general public. Further, state is empowered to
Prescribe professional or technical qualifications necessary for practising any
profession or carrying on any occupation, trade or business.
2. Protection in respect of conviction for offence :Article 20:
Article 20 grants protection against arbitrary and excessive punishment
to an accused person, whether citizen or Foreigner or legal person like a
company or a corporation. It contains three provisions;
a) No –ex-post –facto law: No person shall be 1) convicted of any
offence except for violation of a law in force at the time of the
commission of the act, nor 2) Subjected to a penalty greater than
that prescribed by the law in force at the time of the commission of
the act.
b) No double jeopardy:
No person shall be prosecuted and punished for the same offence
more than once.
c) No self-incrimination: No person is accused of any offence shall be
compelled to be a witness against himself.
3. Protection of life and personal liberty: Article (21):
Article 21 declares that no person shall be deprived of his life or
personal liberty except according to procedure established by law. This
right is available to both citizen and Non-citizen. This means that the
state can deprive the right to life and personal liberty of a person based
on a law.
4. Right to Education: Article (21(a):
Declares that the state shall provide free and compulsory education to
all children of the age of six to fourteen years. This was made under the
86th constitutional amendment in 2002.
5. Protection Against Arrest and Detention: Article (22)
Article 22 guarantees to person who are arrested or detained. Detention
of two of types; 1) Punitive Detention – is to punish a person for an
offence committed by him after trail and conviction in court.2)
Preventive Detention- means detention of a person without trail or
 convicted by court. Its purpose is not to punish a person for a past
offence but to prevent him from committing an offence in the near
future.

Article 22 confers the following rights to on a person who is arrested

Detained.
1. Right to be informed of the
ground of arrest.
2. Right to consult and be
defended by legal practitioner.
3. Right to be produced before a
magistrate
4. Right to be released after 24
hours unless the magistrate
authorises further detention.

C. RIGHT AGAINST EXPLOITATION: Article -23-24 :

Article 23 of the constitution prohibits traffic in human beings,’ begar’ (Forced
labour) and other similar forms of forced labour. Article 23 also provides exception to
these articles provides for an exception to this provision. It permits the state impose
compulsory service for public services example, Military service or social service for
which it is not bound to pay..
Article 24 prohibits the employment of children below the age of 14 years in any
factory, mine or other hazardous activities like construction work or railway.

D. RIGHT TO FREEDOM OF RELIGION: Article 25-28:

Article 25 guarantees to all persons are equally entitled to freedom of conscience and
right to freely profess, practice and propagate any religion of their choice.
The implications of these are ;
Freedom of conscience: Inner freedom of an individual to mould his relation with God.
Right to profess: Declaration of one’s religious beliefs freely and openly.
Right to Practice: Performance of religious worship, rituals, ceremonies etc.
Right to Propagate: Transmission or dissemination one’s religious beliefs to others.
Article 26: Every religious denomination shall have right to manage religious Affairs.
Article 27: says no person is compelled to pay any taxes for the promotion or
maintenance of any particular religion or religious denomination.
Article 28: laid down that No religious instruction shall be provided in any educational
institution wholly maintained out of state fund.

E. CULTURAL AND EDUCATIONAL RIGHTS: Article29-30

Article 29 Provides that any section of the citizens residing in any part of India having a
distinct language, script or culture of its own shall have the right to conserve the same.
 Further, No citizen shall be denied admission into any educational institution maintained
by the state on grounds only of religion, race ,caste or language.so, Article 29 grants
protection to both religious and linguistic minorities.
Article 30 grants minorities to establish and administer educational institutions. It also
includes the right of minority to impart education to its children in its own language.
F. RIGHT TO CONSTITUTIONAL REMEDIES :Article 32
Article provides remedies for the enforcement of the Fundamental rights of an
aggrieved citizen. Article 32 is the basic features of the constitution. It contains the
following four provisions;

a.The right to move the supreme court by appropriate proceedings for the enforcement of
Fundamental rights is guaranteed.

b.Supreme court shall have power to issue directions or orders or writs for the enforcement of
Fundamental rights is guaranteed.

c.Parliament can empower any other court to issue directions or orders or writs for the
enforcement fundamental rights.

d.President can suspend the right to move any court for the enforcement of fundamental
rights during national emergency.

The Supreme court (under Article 32)or High court (under Article 226) can issue the writs of
Habeas corpus, mandamus’, prohibition . Certiorari, and Quo-Warranto .

A. Habeas corpus:
Literally means ‘to have the body of’ It is an order issued by the court by the
person who has detained another person to produce the body of the latter before it.
B. Mandamus:
It literally means ‘We Command’. It is a command issued by the court to a public
official asking him to perform his official duties ,he has failed or refused to
perform.
C. Prohibition:
It means ‘to forbid’. It is issued by a higher court or tribunal to prevent the latter
from exceeding its jurisdiction.
D. Certiorari:
It means ‘to be certified’. It is issued by higher court or tribunal either to transfer a
case pending with latter to itself.
E. Quo-Warranto:
It means ‘by what authority or warrant’ .It is issued by the court to enquire into the
legality of claim of a person to a public office.
Fundamental rights primarily protects individual from any arbitrary state action,
but are enforceable against individual , for instance constitution abolishes
 untouchability and also prohibits ‘Begar’. These provisions act as check both on
state action as well as action of private individual.
These basic rights are based on shared values like dignity, fairness, equality,
respect, and independence. These values are defined and protected by law.

The values of Fundamental Rights:

Fundamental rights primarily protect individual from any arbitrary state actions but are
enforceable against individuals. For instance, Constitution abolishes Untouchability and also
prohibits ‘Begar’These provisions act as check both on state action action of the private
individual.

These basic rights are based on shared values like dignity, fairness, Equality, respect and
independence. These values defined and protected by law.

Some of the important court judgements on Fundamental rights in India:

I. GOLAKNATH VS STATE OF PUNJAB (1967):

In this case Supreme Court ruled that parliament could not curtail any of the Fundamental
rights in the constitution.

2. MENAKA GANDHI VS UNION OF INDIA:

Supreme court held that Fundamental rights are a set of rights that protect individual and
allow them to develop their personalities (1977).

3. INDRA SAWHNEY AND OTHERS VS UNION OF INDIA (1992)

The Supreme Court examined the scope of Article 16(4) which provides for reservation of
jobs for backward classes.

4. VISHAKHA AND OTHERS VS STATE OF RAJASTAN:

In this 1977 landmark judgement led to guidelines for dealing with sexual harassment of
women at workplace.

5. PUTTASWAMY CASE (2017):

In this landmark case, a 9 judge bench of the Supreme Court upheld Fundamental rights to
Privacy.

6.NAVTEJ SING JOHAR VS UNION OF INDIA:

In this 2018, case on homosexuality, the supreme court held that the right to live with dignity
includes the right to lead respectful life without disturbances to personal safety, privacy and
respect.
7.ROMESH THAPAR CASE(1950):

This case set precedents for protecting press freedom and defining the scope of reasonable
restriction on Fundamental rights.