By Dr. Farzeen

📘 UNIT II – Constitution and Civil Rights in India

Consist:-

Preamble of the Constitution
Fundamental Rights (Articles 12–35)
Fundamental Duties (Article 51A)

✦ Preamble of the Indian Constitution

1. Meaning of the Preamble

The Preamble is an introductory statement of the Constitution.
It declares the ideals, objectives, and philosophy on which the Constitution is based.
It acts as a "key to the Constitution" (in the words of Sir Ernest Barker).

👉 In simple terms, the Preamble is like the "soul" or "identity card" of the Constitution.

2. Origin and Inspiration

Inspired by the American Constitution (which also begins with a Preamble – “We, the People…”).
Drafted on the basis of the Objectives Resolution moved by Jawaharlal Nehru in the Constituent Assembly (13 December 1946).
Adopted on 26 November 1949; came into effect on 26 January 1950.

3. Text of the Preamble (Key Words)

“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, Liberty, Equality, and to promote Fraternity…”

4. Key Elements of the Preamble

(a) Source of Authority

“We, the People of India” → ultimate power rests with the people, not with the rulers.
Establishes the principle of popular sovereignty.

(b) Nature of the State

Sovereign
- India is independent and not under control of any foreign power.
- Example: Independent foreign policy – NAM, nuclear tests (Pokhran).
Socialist (added by 42nd Amendment, 1976)
- Aims at reducing inequality of wealth and providing welfare measures.
- Example: MGNREGA, Public Distribution System (PDS).
Secular (added by 42nd Amendment, 1976)
- No official state religion; equal respect to all religions.
- Example: Articles 25–28 guarantee freedom of religion.
Democratic
- Government by the people, for the people, of the people.
- Example: Universal Adult Franchise (Right to Vote, 18+ years).
Republic
- Head of the state is elected, not hereditary (President in India).

(c) Objectives of the State

Justice – Social, Economic, Political
- Social Justice – Removal of caste, gender, and social discrimination.
- Economic Justice – Reducing income and wealth inequality.
- Political Justice – Equal participation in political process.
Liberty – of thought, expression, belief, faith, and worship.
- Example: Freedom of Speech (Art. 19), Freedom of Religion (Art. 25).
Equality – of status and opportunity.
- Example: Equality before law (Art. 14), reservation for SC/ST/OBC (Art. 15).
Fraternity – Assuring dignity of the individual and unity & integrity of the nation.
- Example: Fundamental Duties (Art. 51A) promote brotherhood and national unity.

5. Preamble and Civil Rights

The Preamble is the foundation of civil rights in India.
Justice, Liberty, and Equality are directly linked to Fundamental Rights (Part III).
Fraternity promotes social harmony and respect for diversity.
It provides the philosophical basis for interpreting Fundamental Rights by the judiciary.

6. Amendments to the Preamble

42nd Amendment, 1976 (during Emergency):
- Added the words “Socialist,” “Secular,” and “Integrity.”
No other amendment has changed the Preamble.

7. Judicial Interpretation of the Preamble

Berubari Union Case (1960):
- Supreme Court said Preamble is not a part of the Constitution.
Kesavananda Bharati Case (1973):
- Overruled Berubari – Preamble is a part of the Constitution.
- Cannot be enforced in court but helps in interpretation.
- Declared Basic Structure Doctrine – Parliament cannot alter the basic features like democracy, liberty, secularism.
LIC of India v. Consumer Education Research Centre (1995):
- SC said Preamble reflects the aims and aspirations of the people.

8. Importance of the Preamble for Students

Acts as a guiding star for interpretation of laws.
Explains the ideals of Indian democracy.
Provides moral and political philosophy of the Constitution.
Serves as a bridge between Fundamental Rights and Directive Principles.

9. Summary Points for Revision

Preamble = Identity card of the Constitution.
Borrowed from US Constitution; based on Nehru’s Objectives Resolution.
Declares India as Sovereign, Socialist, Secular, Democratic, Republic.
Aims: Justice, Liberty, Equality, Fraternity.
42nd Amendment added Socialist, Secular, Integrity.
SC in Kesavananda Bharati (1973) upheld it as part of the Constitution.

✦ Fundamental Rights (Articles 12–35)

1. Introduction to Fundamental Rights

Definition: Fundamental Rights are those rights which are guaranteed by the Constitution of India to all citizens for ensuring freedom, equality, justice, and dignity.
Location in Constitution: Part III (Articles 12–35).
Source of Inspiration: U.S. Bill of Rights (1791) + Universal Declaration of Human Rights (1948).
Enforceability: Justiciable – can be enforced in courts.
Dr. B.R. Ambedkar: Called Fundamental Rights the “conscience of the Constitution.”

2. Features of Fundamental Rights

Guaranteed by Constitution – cannot be violated by ordinary law.
Justiciable – people can approach Supreme Court (Art. 32) or High Courts (Art. 226).
Not absolute – subject to reasonable restrictions (e.g., Art. 19).
Available to citizens, sometimes to foreigners – e.g., Right to Equality (Art. 14) applies to all persons.
Negative & Positive in nature – prohibit state from doing certain acts (e.g., no discrimination under Art. 15) and also direct the state to ensure rights (e.g., Art. 21 – Right to Life).

3. Classification of Fundamental Rights

(A) Right to Equality (Articles 14–18)

Art. 14 – Equality before Law & Equal Protection of Laws
- No discrimination before law.
- Case: Indira Sawhney v. Union of India (1992) – upheld OBC reservations.
Art. 15 – Prohibition of Discrimination
- State shall not discriminate on grounds of religion, race, caste, sex, or place of birth.
- Exception: Special provisions for women, children, SC/ST/OBC are allowed.
Art. 16 – Equality of Opportunity in Public Employment
- No discrimination in government jobs.
- Case: M. Nagaraj v. Union of India (2006) – upheld reservations in promotions for SC/ST.
Art. 17 – Abolition of Untouchability
- Declared as an offence, punishable by law.
- Protection of Civil Rights Act, 1955.
Art. 18 – Abolition of Titles
- No hereditary titles except military/academic distinctions.

(B) Right to Freedom (Articles 19–22)

Art. 19 – Six Freedoms
- (a) Speech & Expression
- (b) Assemble peacefully
- (c) Form associations/unions
- (d) Move freely throughout India
- (e) Reside anywhere
- (f) Practice any profession/trade
- Restrictions: Public order, morality, sovereignty of India.
Art. 20 – Protection in Respect of Conviction for Offences
- No ex-post facto law, double jeopardy, self-incrimination.
Art. 21 – Protection of Life & Personal Liberty
- “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
- Expanded meaning: Right to privacy, health, environment, livelihood.
- Case: Maneka Gandhi v. Union of India (1978) – widened scope of liberty.
Art. 21A – Right to Education
- Added by 86th Amendment (2002).
- Free & compulsory education for children 6–14 years.
Art. 22 – Protection in Cases of Arrest & Detention
- Rights of accused: informed of grounds, right to legal aid, produced before magistrate within 24 hours.
- Preventive detention allowed (up to 3 months, extendable by Parliament).

(C) Right against Exploitation (Articles 23–24)

Art. 23 – Prohibition of Human Trafficking & Forced Labour
- Includes bonded labour, begar.
- Case: People’s Union for Democratic Rights v. Union of India (1982) – construction workers not paid minimum wages → violation of Art. 23.
Art. 24 – Prohibition of Child Labour
- No child below 14 years shall work in factories, mines, or hazardous employment.

(D) Right to Freedom of Religion (Articles 25–28)

Art. 25 – Freedom of Conscience & Right to Profess, Practice, Propagate Religion.
Art. 26 – Freedom to Manage Religious Affairs.
Art. 27 – No Tax for Promotion of Any Religion.
Art. 28 – Freedom in Educational Institutions.
- No religious instruction in government-run schools.

👉 Importance: Protects India’s secular character.

(E) Cultural & Educational Rights (Articles 29–30)

Art. 29 – Protection of Interests of Minorities
- Right to conserve language, script, culture.
Art. 30 – Right of Minorities to Establish & Administer Educational Institutions
- Case: St. Stephen’s College v. University of Delhi (1992) – minority institutions can have special admission procedures.

(F) Right to Constitutional Remedies (Article 32)

Provides the right to move Supreme Court for enforcement of Fundamental Rights.
Dr. Ambedkar called it “Heart and Soul of the Constitution.”
Remedies (Writs):
1. Habeas Corpus – produce person before court.
2. Mandamus – order authority to perform duty.
3. Prohibition – stop lower court from exceeding jurisdiction.
4. Certiorari – transfer case from lower to higher court.
5. Quo Warranto – question legality of a person’s office.

4. Limitations on Fundamental Rights

Not absolute; subject to reasonable restrictions for:
- Security of the State.
- Public Order & Morality.
- Sovereignty & Integrity of India.
Rights can be suspended during Emergency (Art. 352) – except Art. 20 & 21.

5. Important Case Laws

Kesavananda Bharati v. State of Kerala (1973): Basic Structure Doctrine.
Maneka Gandhi v. Union of India (1978): Expanded Art. 21.
Vishaka v. State of Rajasthan (1997): Sexual harassment guidelines.
Navtej Singh Johar v. Union of India (2018): Decriminalized Section 377 (LGBTQ rights).
Shayara Bano v. Union of India (2017): Triple talaq unconstitutional.

6. Significance of Fundamental Rights

Protects individuals from arbitrary action of state.
Establishes rule of law and equality.
Provides a democratic framework for governance.
Secures the dignity of marginalized and weaker sections.
Helps India fulfill international commitments like UDHR.

7. Summary for Students

Fundamental Rights (Part III, Art. 12–35).
Inspired by U.S. Bill of Rights & UDHR.
Classified into 6 categories.
Enforceable through courts via Art. 32 & 226.
Subject to reasonable restrictions, but cannot be destroyed.

Fundamental Duties (Article 51A)

1. Introduction

Fundamental Duties were not part of the original Constitution of 1950.
Added by the 42nd Constitutional Amendment Act, 1976 (during the Emergency, based on recommendations of the Swaran Singh Committee, 1976).
Found in Part IVA of the Constitution, under Article 51A.
Initially 10 duties, later 11th duty added by the 86th Constitutional Amendment Act, 2002 (relating to education of children).

👉 Purpose: To remind citizens that while they enjoy Fundamental Rights, they also have responsibilities towards the nation.

2. Text of Article 51A: The Fundamental Duties

Every citizen of India shall:

Abide by the Constitution and respect its ideals, the National Flag, and the National Anthem.
Cherish and follow the noble ideals that inspired the freedom struggle.
Uphold and protect sovereignty, unity, and integrity of India.
Defend the country and render national service when required.
Promote harmony and spirit of common brotherhood among all people of India, transcending religious, linguistic, regional, and sectional diversities; renounce practices derogatory to women.
Value and preserve rich heritage of our composite culture.
Protect and improve natural environment (forests, lakes, rivers, wildlife); have compassion for living creatures.
Develop scientific temper, humanism, and spirit of inquiry and reform.
Safeguard public property and abjure violence.
Strive towards excellence in all spheres of individual and collective activity so that the nation rises to higher levels of achievement.
(Added in 2002) Duty of parents/guardians to provide opportunities for education to children between 6–14 years of age.

3. Features of Fundamental Duties

Moral obligations (not legally enforceable like Fundamental Rights).
Apply to citizens only, not foreigners.
Act as a constant reminder of obligations towards the nation.
Inspirational in nature: They promote discipline, patriotism, and responsibility.

4. Significance of Fundamental Duties

Balance between Rights and Duties – Rights are meaningful only when citizens perform their duties.
Promote national unity – Respect for flag, anthem, Constitution.
Moral and civic responsibility – Encourage citizens to act responsibly in society.
Environmental protection – Ahead of its time; included duty to protect nature.
Education – 2002 amendment highlighted importance of educating the next generation.

5. Limitations

Not enforceable by courts (unlike Fundamental Rights).
Vague and broad in nature (e.g., "strive towards excellence").
No direct penalty for violation (though Parliament can make laws to enforce them).

6. Judicial Interpretation

Although not enforceable, courts have used them to interpret laws:
- AIIMS Students Union v. AIIMS (2001) – Fundamental Duties are equally important as Fundamental Rights.
- MC Mehta v. Union of India (1988) – Court linked duty to protect environment with right to life (Article 21).
- Bijoe Emmanuel v. State of Kerala (1986) – Children of Jehovah’s Witnesses were allowed not to sing National Anthem, as long as they respected it.

7. Comparison with Fundamental Rights & Directive Principles

Aspect	Fundamental Rights	Directive Principles (DPSPs)	Fundamental Duties
Nature	Justiciable & enforceable	Non-justiciable	Non-justiciable
Who	Available to individuals	Directed to State	Obligations on citizens
Objective	Protect individual liberty	Guide state policies	Instill civic responsibility

8. Criticism

Added during Emergency → Seen as a tool to control citizens.
Ambiguous terms → Difficult to measure (e.g., “noble ideals”).
Ineffective without legal enforcement.

9. Relevance Today

Strengthens patriotism and nationalism.
Important for environmental protection, women’s rights, harmony, and education.
Promotes responsible citizenship in a democracy.

10. Conclusion

Fundamental Duties remind every citizen that rights come with responsibilities. Although not enforceable, they act as a moral compass for citizens to contribute positively towards the nation. Together with Fundamental Rights and Directive Principles, they form the philosophical foundation of the Indian Constitution.

B. A. 1st Sem Political Science (General Elective Unit-2)