1. Unit 4
Human rights in Indian
constitution and law
The constitution of India: Preamble
Fundamental rights.
Directive principles of state policy.
Fundamental duties.
Some other provisions.
- Vasim Tamboli
2. The constitution of India: Preamble
• what is mean by preamble of constitution of India
(भारताच्या संविधानाची प्रस्तािना)
a preliminary or preparatory statement
• Preamble declares India to be a sovereign(ruler),
socialist, secular and democratic republic. The
objectives stated by the Preamble are to secure justice,
liberty, equality to all citizens and promote fraternity to
maintain unity and integrity of the nation.
how was the preamble made ?
The preamble is based on the Objectives Resolution,
which was drafted and moved in the Constituent
Assembly by Jawaharlal Nehru on 13 December 1946 and
adopted by Constituent Assembly on 22 January 1947
3. 1. solemnly meaning in preamble -
In a formal and dignified manner
2. Sovereignty means
the independent authority of t
he State, not being subject to the
control of any other State or
external power.
3. Liberty. The idea of Liberty refers
to the freedom on the activities of
Indian nationals.
4. fraternity meaning
This refers to a feeling of brotherhood
and sisterhood and a sense of
belonging with the country among
its people.
4. The constitution of India: Preamble
why preamble is necessary ?
Preamble is a sort of introduction to the
statute(law or act) and it helps in understanding
the legislative(law making) intent(aim) and
policy. It lays down the main objectives which
the legislation intends to achieve. Preamble of
the Constitution contains ideals which the
Constitution seeks to achieve.
5. The constitution of India: Preamble
• Importance of the preamble:
• It contains ideals that the Constitution seeks to
achieve. It gives direction and purpose to the
Constitution. It also enshrines(preserve in a form
that ensures it will be protected and respected.)
the grand objectives and socio-economic goals
which are to be achieved through constitutional
processes.
• Is Preamble part of Constitution?
The Preamble is not a part of our Constitution
7. Directive principles of state policy
• The Directive Principles of State Policy of India' are the guidelines or
principles given to the institutes for governing the State of India.
These are provided Part IV of the Constitution of India
• The Indian Constitution was written immediately after India
obtained freedom, and the contributors to the Constitution were
well aware of the ruined state of the Indian economy as well as the
fragile state of the nation’s unity. Thus they created a set of
guidelines under the heading Directive Principles for an inclusive
development of the society.
8. Directive principles of state policy
• Inspired by the Constitution of Ireland, the Directive
Principles contain the very basic philosophy of the
Constitution of India, and that is the overall development of
the nation through guidelines related to social justice,
economic welfare, foreign policy, and legal and
administrative matters. The Directive Principles are codified
versions of democratic socialist order as conceived by
Nehru with an admixture of Gandhian thought.
• The main purpose of the Directive Principle of State Policy
is to provide economic justice and to avoid the
concentration of wealth in the hands of a few people.
9. Directive principles of state policy
• Directive Principles of State Policy –
Classification
• Indian Constitution has not originally classified
DPSPs but on the basis of their content and
direction, they are usually classified into three
types-
• Socialistic Principles,
• Gandhian Principles and,
• Liberal-Intellectual Principles.
10. Directive principles of state policy
• DPSP – Socialistic Principles
• Definition: They are the principles that aim at
providing social and economic justice and set
the path towards the welfare state. Under
various articles, they direct the state to
11. Article 38 Promote the welfare of the people by securing a social order
through justice—social, economic and political—and to minimise
inequalities in income, status, facilities and opportunities
Article 39 Secure citizens:
•Right to adequate means of livelihood for all citizens
•Equitable distribution of material resources of the community for
the common good
•Prevention of concentration of wealth and means of production
•Equal pay for equal work for men and women
•Preservation of the health and strength of workers and children
against forcible abuse
•Opportunities for the healthy development of children
Article 39A Promote equal justice and free legal aid to the poor
Article 41 In cases of unemployment, old age, sickness and disablement,
secure citizens:
•Right to work
•Right to education
•Right to public assistance
12. Article 42 Make provision for just and humane
conditions of work and maternity relief
Article 43 Secure a living wage, a decent standard of
living and social and cultural opportunities
for all workers
Article 43A Take steps to secure the participation of
workers in the management of industries
Article 47 Raise the level of nutrition and the standard
of living of people and to improve public
health
13. Directive principles of state policy
• DPSP – Gandhian Principles
• Definition: These principles are based on
Gandhian ideology used to represent the
programme of reconstruction
enunciated(pronounced) by Gandhi during the
national movement. Under various articles,
they direct the state to:
14. Article 40 Organise village panchayats and endow(provide) them
with necessary powers and authority to enable them to
function as units of self-government
Article 43 Promote cottage industries on an individual or co-
operation basis in rural areas
Article 43B Promote voluntary formation, autonomous functioning,
democratic control and professional management of co-
operative societies
Article 46 Promote the educational and economic interests of SCs,
STs, and other weaker sections of the society and to
protect them from social injustice and exploitation
Article 47 Prohibit the consumption of intoxicating drinks and
drugs which are injurious to health
Article 48 Prohibit the slaughter of cows, calves and other milch
and draught cattle and to improve their breeds
15. Directive principles of state policy
• DPSP – Liberal-Intellectual Principles
• Definition: These principles reflect the
ideology of liberalism. Under various articles,
they direct the state to:
16. Article 44 Secure for all citizens a uniform civil code throughout the country
Article 45 Provide early childhood care and education for all children until they
complete the age of fourteen years
Article 48 Organise agriculture and animal husbandry on modern and scientific
lines
Article 49 Protect monuments(statue, building, or other structure), places and
objects of artistic or historic interest which are declared to be of
national importance
Article 50 Separate the judiciary from the executive in the public services of the
State
Article 51 •Promote international peace and security and maintain just and
honourable relations between nations
•Foster(promote) respect for international law and treaty obligations
•Encourage settlement of international disputes by arbitration
17. Directive principles of state policy
• Features
• In a nutshell, the Directive Principles consist of the following
guidelines for the States:
• The State should strive to promote the welfare of the people.
• Maintain social order through social, economic and political
justice.
• The State should strive towards removing economic
inequality.
• Removal of inequality in status and opportunities.
• To secure adequate means of livelihood for the citizens.
• Equal work opportunity for both men and women.
18. Directive principles of state policy
• Prevent concentration of wealth in specific pockets through
uniform distribution of the material resources amongst all the
strata of the society.
• Prevention of child abuse and exploitation of workers.
• Protection of children against moral and material abandonment.
• Free legal advice for equal opportunities to avail of justice by the
economically weaker section.
• Organisation of Village Panchayats which will work as an
autonomous body working towards giving justice.
• Assistance to the needy including the unemployed, sick, disabled
and old people.
• Ensure proper working conditions and a living wage.
• Promotion of cottage industries in rural areas.
19. Directive principles of state policy
• The state should endeavour towards a uniform civil code for all the
citizens of India.
• Free and compulsory education for children below the age of 14years.
• Economic and educational upliftment of the SC and ST and other weaker
sections of the society.
• Prohibition of alcoholic drinks, recreational drugs, and cow slaughter.
• Preservation of the environment by safeguarding the forests and the
wild life.
• Protection of monuments, places and objects of historic and artistic
interest and national importance against destruction and damage.
• Promotion and maintenance of international peace and security, just
and honourable relations between nations, respect for international law
and treaty obligations, as well as settlement of international disputes by
arbitration.
20. Fundamental duties
• The Fundamental Rights, Directive Principles
of State Policy and Fundamental Duties' are
sections of the Constitution of India that
prescribe the fundamental obligations of the
states to its citizens and the duties and the
rights of the citizens to the State.
21. Fundamental Duties - Need
• In case there is a violation of fundamental duties, Article 51A of
the Constitution categorizes it as contempt (disrespect)of the
constitution which is punishable under the Prevention of Insults to
National Honour Act, 1971.
• It is easy to assume that constitutional duties are similar to the
fundamental duties of the Indian citizen. The Indian Constitution
provides a list of fundamental rights and duties to the citizens and
lays down the State’s duties toward ensuring that these rights are
protected and provided equally to everyone.
• These duties were drafted on the lines of moral, ethical, and
cultural code of conduct which is to be followed by the people to
uphold and protect the sovereignty, unity, and integrity of our
country. It also helps the government in maintaining proper
governance and enabling the proper functioning of a democratic
society.
22. Fundamental Duties
• To oblige with the Indian Constitution and respect the National Anthem and Flag
• To cherish and follow the noble ideas that inspired the national struggle for freedom
• To protect the integrity, sovereignty, and unity of India
• To defend the country and perform national services if and when the country
requires
• To promote the spirit of harmony and brotherhood amongst all the people of India
and renounce any practices that are derogatory to women
• To cherish and preserve the rich national heritage of our composite culture
• To protect and improve the natural environment including lakes, wildlife, rivers,
forests, etc.
• To develop scientific temper, humanism, and spirit of inquiry
• To safeguard all public property
• To strive towards excellence in all genres of individual and collective activities
• The 11th fundamental duty which was added to this list is:
• To provide opportunities for education to children between 6-14 years of age, and
duty as parents to ensure that such opportunities are being awarded to their child.
• The 11 fundamental duties look at the crisis in Indian society and become a tool for
straightening it out. They serve as a source of protection for the liberty of the people.
23. • What are constitutional provisions?
•
A constitutional provision is a specifically
designated rule/law within a nation or state's
constitution. Provisions cannot be changed
through court or common law, regardless of the
circumstances that may arise.
24. Some provisions
Accounting provision
Guarantees
Losses
Pensions
Severance payments
Deferred tax payments
Restructuring liabilities
Depreciation costs
Asset impairments
Product warranties or guarantees
Inventory obsolescence
What are 5 constitutional
provisions?
• freedom of religion.
• citizenship.
• separation of state and
religion.
• basic structure doctrine of
the construction of India.
• India one among the
secular in the region.
