Value Education Course –

Constitution of India
 Value Added Course: Constitution of India

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 Chapter 1: Introduction to Indian Constitution

Introduction
The Indian Constitution is the supreme law of India, which means it is the highest legal document in the
country. It was adopted on January 26, 1950, and serves as a framework for the governance of India. Here
are some key points about the Indian Constitution:

1. Foundation of Democracy: The Constitution establishes India as a democratic country, where the
government is elected by the people.

2. Fundamental Rights: It guarantees certain basic rights to all citizens, such as the right to equality,
freedom of speech, and the right to practice any religion.

3. Fundamental Duties: Along with rights, the Constitution also outlines the duties of citizens,
encouraging them to respect the law and contribute to the nation.

4. Structure of Government: The Constitution defines the structure of the government, which is
divided into three branches: the Executive (the President and the government), the Legislature
(Parliament), and the Judiciary (courts).

5. Federal System: India has a federal system, meaning that power is divided between the central
government and state governments. Each level has its own responsibilities.

6. Amendments: The Constitution can be amended or changed, allowing it to adapt to the needs of
society over time.

7. Secular State: India is a secular country, meaning that the government treats all religions equally
and does not favor any one religion.

8. Social Justice: The Constitution aims to promote social justice and equality, ensuring that all
citizens have the opportunity to succeed.

In summary, the Indian Constitution is a vital document that lays down the principles and rules for how
India is governed, protecting the rights of its citizens and promoting justice and equality.
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 Brief History of the making of the constitution

The making of the Indian Constitution was a meticulous and significant process that took nearly three years.
Here’s a brief history:

1. Historical Background: In 1934, M.N. Roy proposed the concept of a Constituent Assembly to draft
India's Constitution. The demand was adopted by the Indian National Congress in 1935 and endorsed by
the British Government in the August Offer (1940).

2. Formation of the Constituent Assembly:

The Constituent Assembly was formed under the Cabinet Mission Plan of 1946. It consisted of 389
members (later reduced to 299 after the partition in 1947)

3. Key Events in Constitution-Making:

❖ First Session (December 9, 1946): The assembly met for the first time, with Dr. Sachchidananda
Sinha as the temporary chairman. Later, Dr. Rajendra Prasad was elected as the permanent chairman.
❖ Drafting Committee Formation (August 29, 1947): Dr. B.R. Ambedkar was appointed as the
chairman of the Drafting Committee.
❖ Partition and Independence (1947): The assembly's work was affected by the partition of India
and the creation of Pakistan.
4. Drafting the Constitution:
The Drafting Committee and other committees debated, reviewed, and amended various provisions. The
draft was prepared considering the Government of India Act 1935, British laws, and constitutions of other
nations (e.g., USA, UK, Ireland).
5. Adoption of the Constitution:
The Constitution was adopted on November 26, 1949, and came into effect on January 26, 1950, marking
India’s transition to a Republic.
6. Significant Contributors:
❖ Dr. B.R. Ambedkar: The principal architect of the Constitution.
❖ Dr. Rajendra Prasad: President of the Constituent Assembly.
❖ Other notable members: Jawaharlal Nehru, Sardar Patel, Maulana Azad, and Sarojini Naidu.

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 Basic Features of the Indian Constitution

The Indian Constitution is one of the most comprehensive and unique constitutions in the world. It
includes different features to make sure the country works as a free, democratic, and inclusive place for
everyone.
Below are its basic features:

1. Lengthiest Written Constitution

The Indian Constitution is the longest written constitution in the world, with 448 articles in 25 parts, 12
schedules, and numerous amendments.

2. Sovereign, Socialist, Secular, Democratic, Republic

• Sovereign: India is independent and free to make its own decisions without external interference.
• Socialist: The state aims to reduce inequality and promote the welfare of the people.
• Secular: India does not have a state religion, and citizens are free to practice, agree, and
propagate any religion.
• Democratic: The government is elected by the people through free and fair elections.
• Republic: The head of the state (President) is elected and not hereditary.

3. Parliamentary System of Government

India follows the parliamentary system inspired by the British model. The President is the nominal head,
while the real powers are in the hands of the Prime Minister and the Council of Ministers.

4. Federal Structure with Unitary Features

The Constitution provides for a federal system with powers divided between the Union (Central) and the
States.
In case of emergency, it becomes unitary, with all powers concentrated in the Union Government.

5. Fundamental Rights
Part III of the Constitution guarantees six fundamental rights to ensure individual freedom and equality:
• Right to Equality
• Right to Freedom
• Right against Exploitation
• Right to Freedom of Religion
• Cultural and Educational Rights

6. Directive Principles of State Policy (DPSPs)

DPSPs guide the state in framing policies to achieve social and economic democracy, safeguarding justice
and equality.

7. Fundamental Duties
Added by the 42nd Amendment (1976), these duties in Part IV-A remind citizens of their responsibilities
toward the nation.

8. Independent Judiciary
The judiciary is independent of the executive and legislature. The Supreme Court, as the apex court,
ensures the protection of fundamental rights and acts as the guardian of the Constitution.

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9. Single Citizenship
Unlike federal systems like the USA, India provides single citizenship, ensuring equality and unity among
all Indians.

10. Secularism
The state treats all religions equally and does not favor or discriminate against any religion.

11. Welfare State

The Constitution aims to establish a welfare state by ensuring social, economic, and political justice for
all.

These features collectively ensure the Constitution's adaptability, inclusivity, and resilience in governing a
diverse and complex nation like India.

(Note: for Six marks questions, student should write any six points)

Preamble
The Preamble of the Indian Constitution is a brief introductory statement that outlines the guiding principles
and values of the Constitution.

Key points about the Preamble:

1. Source of Authority: It begins with "We, the People of India," emphasizing that the Constitution
derives its authority from the people of India.

2. Nature of State: It declares India as a Sovereign, Socialist, Secular, Democratic Republic. (SSS-DR)
- Sovereign: India is free from external control.
- Socialist: Ensuring social and economic equality.
- Secular: The state treats all religions equally.
- Democratic: The government is elected by the people.
- Republic: The head of state is elected, not a hereditary monarch.

3. Objectives: It outlines the main objectives of the Constitution: (JLEF)

- Justice (social, economic, and political)
- Liberty (of thought, expression, belief, faith, and worship)
- Equality (of status and opportunity)
- Fraternity (dignity of the individual and unity of the nation)

4. Date of Adoption: It mentions the date of adoption of the Constitution - November 26, 1949. The
Preamble has been amended once in 1976 during the Emergency period, when the words "Socialist" and
"Secular" were added to describe the nature of the Indian state.
In summary, the Preamble of the Indian Constitution sets the tone for the entire document, highlighting the core
values of sovereignty, justice, liberty, equality, and fraternity that guides the nation.
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 Fundamental Rights

Fundamental rights in the Indian Constitution are basic human rights guaranteed to all citizens. These
rights are essential for the development of individuals and the nation. Here is the list of fundamental
rights:

1. Right to Equality (Articles 14-18): Ensures equality before the law and prohibits discrimination based
on religion, race, caste, sex, or place of birth.
• Article 14: Equality before law and equal protection of the laws.
• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place
of birth.
• Article 16: Equality of opportunity in matters of public employment.
• Article 17: Abolition of untouchability.
• Article 18: Abolition of titles (except military and academic).

2. Right to Freedom (Articles 19-22): Includes the freedom of speech and expression, assembly,
association, movement, residence, and profession.

• Article 19: Protection of certain rights regarding freedom of speech, assembly,

association, movement, residence, and profession.
• Article 20: Protection in respect of conviction for offenses (no ex post facto law, double
jeopardy, self-incrimination).
• Article 21: Protection of life and personal liberty.
• Article 21A: Right to education (added by the 86th Amendment).
• Article 22: Protection against arrest and detention in certain cases.

3. Right against Exploitation (Articles 23-24): his right acts as a guardian which protects the individual
from all types of forced labour, child labour and trafficking of people.

• Article 23: prohibition of traffic in human beings and forced labour.

• Article 24: Prohibition of child labour in factories and other places.

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4. Right to Freedom of Religion (Articles 25-28): freedom to profess, practice, and propagate any
religion, and the right to manage religious affairs.

• Article 25: Freedom of conscience and free profession, practice, and propagation of
religion.
• Article 26: Freedom to manage religious affairs.
• Article 27: Freedom from taxation for promotion of any particular religion.
• Article 28: Freedom from attending religious instruction or worship in certain educational
institutions.

5. Cultural and Educational Rights (Articles 29-30): The right of minorities to conserve their culture,
language, and script, and the right to establish and administer educational institutions.
• Article 29: Protection of interests of minorities (right to conserve culture, language, or script).
• Article 30: Right of minorities to establish and administer educational institutions.

6. Right to Constitutional Remedies (Article 32): The right to approach the courts for implementation
of the fundamental rights.
Right to move the Supreme Court for the enforcement of Fundamental Rights. This is considered
the "core" of the Constitution, allowing individuals to seek justice.

Conclusion:

Fundamental rights are vital for ensuring justice, liberty, and equality in society. They empower citizens
and protect them from any illogical actions by the state or individuals.

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 Fundamental Duties

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Sr. No Duties Explanation
1 Abide by the Constitution and respect This includes showing respect towards the
national flag & National Anthem symbols of India and protecting the values
enshrined in the Constitution.
2 Follow (cherish) ideals of the freedom the importance of remembering and honoring the
struggle sacrifices made by freedom fighters for the
nation's independence.
3 Protect sovereignty & integrity of India Citizens are expected to defend the country
against any threat to its unity and integrity.

4 Defend the country and render national duty highlights the duty of citizens to serve in
services when called upon the armed forces (army or navy) or in any other
capacity when the need arises.
5 Developing the spirit of common Citizens are expected to promote a sense of unity
brotherhood and brotherhood among all Indians.
6 Preserve rich heritage of composite This duty highlights the importance of respecting
culture and preserving India's diverse cultural heritage.
7 Preserve natural environment To protect and improve the natural environment
including forests, lakes, rivers, wildlife and to
have compassion for living creatures.
8 Develop scientific temper and humanity To promotes a scientific and rational approach to
problem-solving, as well as an openness to new
ideas and reforms.
9 Safeguard public property and avoid Citizens are expected to respect public property
violence and not to resort to violence to achieve
objectives.
10 Strive towards excellence This duty encourages citizens to always strive
for personal and collective excellence in their
activities.
11 Provide opportunities for education Focus on the importance of education and the
responsibility of parents to ensure that their
children receive proper education.

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 Directive Principles of State Policy
Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State Policy
(DPSP). They are borrowed from the Constitution of Ireland, which had been derived it from the Spanish
Constitution.
The Directive Principles of State Policy (DPSP) are guidelines for the framing of laws by the government
in India.

Classification of Directive Principles of State Policy

Socialistic Principles:
Articles Description Related Initiatives Taken

To promote the welfare of the people by securing a

– Pradhan Mantri Awas Yojana
Article 38 social order and minimize inequalities in income
– Public Distribution System
status, facilities and opportunities

To secure – Maternity Benefit Law

– The right to adequate means of livelihood for all – Integrated Child Development
citizens, Scheme
Article 39 – The equitable distribution of material resources of – Minimum Wages Act of 1948
the community for the common good, – Ajeevika, Rural Livelihood
– Prevention of concentration of wealth Mission, Promotion of Self Help
– Equal pay for equal work for men and women. Groups (SHGs)

– National Legal Services

To promote equal justice and to provide free legal Authority
Article 39A
aid to the poor. – Pro Bono Legal Service
– Nyaya Mitra Scheme

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Articles Description Related Initiatives Taken

– National Social Assistance

Program- Annapurna.
– MGNREGA Act of 2005
To secure the right to work, to education, and to
– Persons with Disabilities Act of
Article 41 public assistance in cases of unemployment, old
1995
age, sickness, and disablement.
– Maintenance and Welfare of
Parents and Senior Citizen Act
2007

To make provision for just and humane conditions – PM Maitritva Vandana Yojana
Article 42
of work and maternity relief. – Maternity Benefit Act of 2017

– 4 Labour Codes – Code on

To secure a living wage, a decent standard of living,
Wages, Code on Social Security
Article 43 and social and cultural opportunities for all
etc.
workers.
– Social Security Act of 2008

To take steps to secure the participation of workers – Trade Union Act of 1926
Article 43A
in the management of industries. – Apprenticeship Act of 1961

To raise the level of nutrition and the standard of – Poshan Abhiyan

Article 47
living of people and to improve public health. – One Nation One Ration Card

Gandhian Principles:
Articles Subject-Matter Related Actions and Schemes

– Successful PRI Models

To organize village panchayats and give them with
a. Sakala Initiative of Karnataka.
Article 40 the necessary powers and authority to enable them
b. Sangram Initiative of Maharashtra.
to function as units of self-government.
c. Panch Parmeshwar of MP.

To promote cottage industries on an individual or – Minimum Wages Act of 1948

Article 43
cooperative basis in rural areas. – Payment of Wages Act 1936

– Ministry of Cooperation to strengthen

To promote voluntary formation, autonomous
Article cooperative movement in India.
functioning, democratic control, and professional
43B – Yuva Sahakar-Cooperative Enterprise
management of cooperative societies.
Support and Innovation Scheme 2019.

To promote the educational and economic interests – Complementary to Fundamental

of SCs, STs, and other weaker sections of society Rights under Article 15(3), 15(4), 15(5).
Article 46
and to protect them from social injustice and – Scheduled Castes and Scheduled Tribes
exploitation. (Prevention of Atrocities) Act of 1989.

To prohibit the consumption of intoxicating drinks – Ban on Liquor in Bihar.

Article 47
and drugs that are injurious to health. – Ban on gutka and e-cigarettes

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 To prohibit the slaughter of cows, calves, and other – Rashtriya Gokul Mission
Article 48 milch and draught cattle and to improve their – Kamdhenu Yojana
breeds. – Pashudhansanjivani

Liberal – Intellectual Principles:

Articles Subject-Matter Related Actions and Schemes

To secure for all citizens a Uniform Civil – Hindu Code Bill (1956)
Article 44
Code throughout the country. – Special Marriage Act (1956)

To provide early childhood care and

– Integrated Child Protection Scheme
Article 45 education for all children until they
– Beti Bachao Beti Padhao Scheme
complete the age of six years.

– e- NAM
To organize agriculture and animal
Article 48 – Soil Health Card
husbandry on modern and scientific lines.
– KUSUM Scheme

– Indian Forest Act of 1927.

To protect and improve the environment
Article 48A – Wildlife Protection Act of 1972.
and to safeguard forests and wildlife.
– Biological Diversity Act of 2002.

To protect monuments, places, and objects

– National Historic Preservation Act of 1966.
Article 49 of artistic or historic interest which are
– Antiquities and Art Treasure Act of 1972.
declared to be of national importance.

To separate the judiciary from the – Doctrine of Separation of Powers as part of Basic
Article 50 executive in the public services of the Structutre of the Constitution (Kesavananda Bharati
State. vs. State of Kerala Case, !973.)

– To promote international peace and

security and maintain just and honourable
– Non-Aligned Movement
relations between nations.
Article 51 – Panchsheel Doctrine
– To foster respect for international law
– UN Peacekeeping Operations.
– To encourage the settlement of
international disputes by arbitration.

Criticism of Directive Principles of State Policy

Directive Principles of State Policy faces following criticism:
1. It has no legal force

2. It is illogically arranged

3. It is conservative in nature
4. It may produce constitutional conflict between centre and state

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Utility of Directive Principles of State Policy
1. Guidance for Governance:
• Serve as a framework for the government to create policies and laws.
• Help prioritize social and economic welfare.
2. Promotion of Social Justice:
• Aim to reduce inequalities in wealth and income.
• Focus on the welfare of marginalized groups (e.g., women, children, Scheduled Castes).
3. Economic Development:
• Encourage the growth of industries and agriculture.
• Promote rural development and self-reliance.
4. Improvement of Living Standards:
• Ensure access to basic needs like food, clothing, and shelter.
• Advocate for education and healthcare for all citizens.
5. Legislative Framework:
• Provide a basis for enacting laws that promote social welfare.
• Guide lawmakers in considering the impact of legislation on society.
6. Balance Between Rights and Responsibilities:
• Complement Fundamental Rights by emphasizing collective good.
• Encourage citizens to contribute to societal welfare.
7. Long-term Vision:
• Reflect the long-term goals of building a just and equitable society.
• Promote sustainable development for future generations.
8. Judicial Reference:
• Although non-justiciable, they can be referenced by courts to interpret laws.
• Help expand the scope of Fundamental Rights in some cases.
9. Alignment with International Standards:
• Align with global commitments on human rights and social justice.
• Enhance India’s reputation in the international community.
Conclusion
The Directive Principles of State Policy are vital for guiding the Indian government towards achieving a
fair and just society, focusing on the welfare and development of all citizens.

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