Fundamentals Rights And Directive Principles

Constituent Assembly of India

• The Congress had a clean sweep in the general seats by 82%.

• The Constituent Assembly became the Provisional Parliament of India, until the first elections under the new Constitution took place in 1952.

• On January 26, 1950, the Constitution took effect — a day now commemorated as Republic Day nationwide.

Constitution Of India

• It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens. Passed by the Constituent Assembly on November 26, 1949, it came into effect on January 26, 1950. The date 26 January was chosen to commemorate the declaration of independence of 1930. It declares the Union of India to be a sovereign, democratic republic, assuring its citizens of justice, equality, and liberty; the words "socialist", "secular" and "integrity" were added to the definition in 1976 by constitutional amendment. India celebrates the adoption of the constitution on January 26 each year as Republic Day. It is the longest written constitution of any sovereign country in the world, containing 448 articles, 12 schedules and 94 amendments, for a total of 117,369 words.

Nehru signing Indian Constitution

Preamble Of Our Constitution

“ WE, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialistic, Democratic, Republic and to secure for all its citizens,

Justice – social, economic and Political; Liberty of thought, Expression, Belief, Faith and

Worship; Equality of status and Opportunity, and to promote

among them all Fraternity, assuring the dignity of Individual and the Unity and Integrity of nation.”

- 26 nov,1949

Principles Of Our Constitution

The Preamble has clearly states that our country is now Sovereign in all matters. The ultimate source of all power is‘ THE PEOPLE ’.

I. Sovereigntyii. Democracyiii. Secularism andiv. Socialism

Fundamental Rights

The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions.

The Six Fundamental Rights Are

• Right to equality • Right to freedom • Right against exploitation • Right to freedom of religion • Cultural and educational rights • Right to constitutional remedies

The Right to Equality

• (Articles 14 to 18) : All men are born equal and therefore they should be treated equally.

• All Citizens are equal before law. • No one can be discriminated to have access

to shops, public hotels, and places of entertainment etc.

• Similarly wells, tanks, bathing ghats, roads and places of public resorts under the Government’s control are thrown open equally to all.

Right to Freedom

• Right to speech and expression• Right to assemble peacefully and without arms• Right to form associations or unions• Right to move freely throughout the territory

of India• Right to live and settle in any part of India• Right to practice any profession or to carry any

trade or business.• In addition to above this freedom of person

and life are also added.

Right against Exploitation

The purpose of this right is to prevent any exploitation in the society. It is an offense to buy or sell men, women and children. The constitution prohibits forced labour. Nobody can be asked to work against his wishes.

Right to Freedom of Religion

• Every citizen in India has the right to practice his own language, script and culture. People of different religions have also the freedom to preach their religion in a peaceful manner.

Cultural and Educational Right

• Every Indian citizen has the right to preserve his own language, script and culture. People in different parts of the country speaks different languages. They have the right to establish their own educational institutions.

Right to Constitutional Remedies

• Each citizen has the right to approach the court in order to protect his fundamental right. This is why the court have been described as the protector of citizen’s rights.

Fundamental Duties

Our constitution was enforced on January 26,1950. but nothing was said about the duties of the citizens in the constitution. In order to make people conscious of their duties, the constitution was amended in 1986 and the fundamental duties of the citizens were incorporated in it.

Article 51(a)

The Fundamental Duties Of Every Citizen of India:

• To abide by the constitution and respect its ideals and institutions, the national Flag and Anthem;

• To uphold and protect the sovereignty, unity, integrity of India;

• To defend the country and render national service when called upon to do so;

• To renounce practice derogatory to the women.

• To value and preserve the rich heritage of our composite culture;

• To protect and improve the natural environment including forests, rivers, lakes and wild life, and to have compassion for living creatures;

• To safeguard public property and to abjure violence;

• To strive towards excellence in all spheres of individuals and collective activity; so that the nation constantly rises to higher levels of Endeavour and achievement.

The Directive principles of the State policy

• To bring about economic and social welfare in the country, the directive principles of the state policy have been stated in our constitution. The purpose is to bring social equality in the country; specials directions have been given for the uplift of the backward communities and weaker sections of our society. The directive principles also provide equal pay for equal work for both men and women.

• State should try to prevent concentration of wealth• Resources such as water, land, forest must be made

available for common welfare.• State should take measures to preserve good health

of labourers and tender children and should see that they are not forced to undertake any work that harms their health.

• State should promote public health, animal husbandry.

• It should prevent cow slaughter and other milk giving animals

• It should promote cottage industries, forests, wild life and ancient monuments

• It should take steps to increase partnership of labourers in the management of industries

• It should extend free legal help to weaker sections of the society.

• It should make attempt to maintain international peace and security, to establish just relation between nations, and to increase honour for international law.

• Dr. Babasaheb Ambedkar “These principles hold crucial importance in

country’s rule”.