Unit 2: Constitutional Values

(a) Justice: Social, Political, Economic

(b) Liberty: Thought, Expression, Belief, Faith, Worship
(c) Equality: Equality before Law & Equal Application of Laws
(d) Fraternity: Dignity, Unity and Integrity

CONCEPT OF JUSTICE, LIBERTY, EQUALITY AND FRATERNITY

Indian constitution is analysed as a social and revolutionary document. This philosophy is best
manifested by Part III of the Indian constitution which deals with the fundamental rights. These
rights are gaurantee to individual against any form of misuse of laws by the Government. It act
as limitations on the powers of the government, legislative as well as executive. The Rights are
considered Fundamental because of two important reasons:-
 These rights are mentioned as guarantees to the individual and groups.
 These rights are justiciable. It means that in case of violation the individual can directly
approach the highest courts for the justice.
 If a law enacted that restricts Fundamental Rights, then it can be judicially reviewed by
the court and could be declared null and void.

THE PREAMBLE
“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, expression, belief, faith and worship.
Equality of status and of opportunity: and to promote among them all
Fraternity assuring the dignity of the individual and the Unity and INTEGRITY of the
Nation;
In our constituent assembly this twenty-sixth day of November, 1949, do HERE By
adopt, enact and give to ourselves this constitutions.

FUNDAMENTAL RIGHTS

1) Right to Equality, (Article 14-18)

2) Right to Freedom, (Article 19-22
3) Right against Exploitation, (Article 23-24)
4) Right to freedom of Religion, (Article 25-28)
5) Cultural and Educational Rights, (Article 29-30)
6) Right to constitutional Remedies, (Article 32)

The Right to Property was included in the Indian Constitution as a Fundamental Right but was
removed by the 44th Constitutional Amendment Act in 1978 as it hindered land reforms and
equitable distribution of wealth. It is no longer considered a Fundamental Right in the Indian
Constitution.

BACKGROUND

The inspiration for Fundamental rights in India could be traced to England’s Bill of
Rights (1689), and the French declaration of Rights of Man (1789).
The Commonwealth of India Bill drafted by Annie Beasant (1925) demanded seven
fundamental rights which included free conscience, free expression, freedom of
assembly, non-discrimination on grounds of religion, caste, sex or place of origin etc.
In 1928, the Nehru Commission headed by Motilal Nehru included demand to guarantee
certain rights which were deemed fundamental and that also limit the power of the
government.
In 1944-45 a Sapru Committee headed by Tej Bahadur Sapru supported the demand for
Fundamental Rights.
When India moved towards the making of their constitution, the constitution makers gave
importance to the idea of Fundamental rights. The committee on Fundamental rights was
headed by Sardar Patel and the sub-committee for minority rights was headed by Acharya
Kriplani.

NATURE

Fundamental rights are considered essential for the well-being, dignity, and
development of individuals and are typically enshrined in a nation's constitution or
bill of rights. The nature of fundamental rights can be understood through the
following characteristics:
1) Universality: Fundamental rights are universal in nature, meaning they apply to
all individuals regardless of their race, gender, nationality, religion, or social status.
This principle ensures that everyone is treated equally and fairly under the law.
2) Limitations and restrictions: While fundamental rights are essential,
they are not absolute. In certain circumstances, limitations or restrictions may
be imposed on these rights to protect the rights of others or to maintain public
order, national security, or public health. However, the limitations must be
prescribed by law, necessary, and proportionate to the legitimate aim being
pursued.
3) Justifiability of rights: The enforceability of rights under
Article 32 allows every citizen the ability to seek the highest court's
intervention in the country to uphold their fundamental rights.
4) Non-discrimination: Fundamental rights are based on the principle of nondiscrimination,
which means that they should be enjoyed by all individuals
without any distinction or discrimination.
5) State obligation: States have the primary responsibility to respect, protect,
and fulfill fundamental rights. This means that governments must not only
refrain from violating these rights but also take positive steps to ensure their
realization. This includes enacting laws, implementing policies, and allocating
resources to promote and protect fundamental rights.

JUSTICE
Justice is a fundamental value enshrined in the Indian Constitution, which is based
on the principles of equality, liberty, and fraternity. The Indian Constitution
recognizes three types of justice - social, economic, and political - which are
mentioned in the Preamble to the Constitution with its own unique characteristics
and applications.
1) Social Justice:
Social justice is concerned with promoting equality and eliminating
discrimination based on caste, religion, gender, and other factors.
Indian Constitution prohibits untouchability and the Protection of Civil
Rights Act, 1955, defines untouchability as illegal.
The Constitution also recognizes the importance of promoting social
welfare and creating a just and humane society.
2) Economic Justice:
Economic justice is concerned with ensuring fair distribution of
wealth and resources.
The Constitution includes provisions to promote economic growth and
development, and to ensure that the benefits of development are shared by
all sections of society.
The Constitution also includes provisions for land reform, the abolition of
bonded labor, and protection of workers' rights.
3) Political Justice:
Political justice is concerned with ensuring equal participation in the
political process by establishing universal adult suffrage (Article 326).
The Constitution guarantees the right to vote and stand for elections, and
provides for the establishment of independent institutions such as the
Election Commission to ensure free and fair elections.
The Constitution also recognizes the importance of decentralization and
devolution of power to local governments, to ensure greater participation
of citizens in the decision-making process.

LIBERTY: THOUGHT, EXPRESSION, BELIEF, FAITH, WORSHIP

Liberty is a fundamental value enshrined in the Indian Constitution and it includes several key
components such as the freedom of thought, expression, belief, faith, and worship. These
liberties are essential to the functioning of a free and democratic society, and enable individuals
to explore and form their own worldview, participate in public debate and connect with their
community and tradition.
Freedom of thought is the right to hold and develop one's own beliefs,
ideas, and opinions without fear of censorship or persecution. It is a crucial
aspect of individual autonomy and personal development, as it enables
individuals to explore and form their own worldview.
Freedom of expression is the right to express one's opinions and ideas openly,
without fear of punishment and is ensured under Article 19(1). This right is
essential to the functioning of a democratic society, as it enables individuals to
participate in public debate and hold those in power accountable.
Freedom of belief is the right to hold any religious or philosophical beliefs, or to
have no beliefs at all. This right is essential to promoting religious and cultural
diversity, and enables individuals to explore and develop their own moral and
ethical values.
Freedom of faith is the right to follow any religious or spiritual path, and to engage
in religious practices and rituals without fear of discrimination. It is a crucial aspect
of personal identity and cultural heritage, and enables individuals to connect with
their community and tradition.
Freedom of worship is the right to practice one's religion freely. This right is
essential to promoting religious tolerance and harmony, and enables individuals to
express their devotion and spirituality in a meaningful way.
Freedom of Religion(Article 25-28)
Article 25 deals with freedom of conscience, practice and propagation of
religion.
Article 26 deals in freedom to manage religious affairs by establishing charity,
to acquire property for religious purpose etc.
Article 27 gives freedom of not to pay any tax for promotion of any religion.
Article 28 freedom to not attend any religious instruction in certain
educational institutions.
Cultural and Educational rights (Article 29-30)

EQUALITY
Equality is a fundamental value enshrined in the Indian Constitution and is a
cornerstone of the country's democratic system. The Constitution guarantees the
right to equality to all citizens, and encompasses several key components, including
the principles of equality before the law and equal protection of laws.

Equality Before the Law

The principle of equality before law is enshrined in Article 14 of the
Constitution.
 Equality before the law means that all individuals, regardless of their social, economic,
or political status, are subject to the same laws and legal procedures.
 Every person, whatever his position, or rank, maybe, should be subjected to the same
law and procedure as everyone else in the court of justice.
 The principle of equality before law is essential to promoting social justice and
protecting individual rights.

Equal Application of Laws

 It means that the law is applied to everyone, including framers and administrators
without discrimination.
 Law established in a court of law must be enforced throughout the land with no
exceptions.
 “Every official, from the Prime Minister down to a constable or a collector of taxes, is
under the same responsibility for every act done without legal justification as any other
citizen.”
 The principle of equal application of laws is enshrined in Article 14 of the Indian
Constitution, which guarantees equality before law and equal protection of laws to all
citizens.

FRATERNITY: DIGNITY, UNITY AND INTEGRITY

The concept of fraternity, which emphasizes the importance of dignity, unity, and
integrity, is deeply rooted in the Indian culture. These principles are essential to
promoting social harmony, national unity, and a sense of belonging among citizens.
By promoting mutual respect, tolerance, and understanding, fraternity has helped
India to overcome the challenges posed by its diverse population and maintain its
unique identity as a vibrant, pluralistic democracy.

Dignity
 Dignity refers to the inherent worth and respect that every individual deserves,
regardless of their caste, creed, religion, or gender.
 The Indian Constitution guarantees the right to dignity under Article 21, which states
that "no person shall be deprived of his life or personal liberty except according to the
procedure established by law."
 This right to dignity is further reinforced by various laws and policies aimed at
promoting social justice and eradicating discrimination, such as the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Protection of
Women from Domestic Violence Act, 2005.
 By fostering a sense of brotherhood and mutual respect among its citizens, fraternity
helps to uphold the dignity of every individual in India.

Unity
 India's unity is often described as "unity in diversity," which signifies the harmonious
coexistence of various cultures, religions, and languages within the country.
 Festivals like Diwali, Eid, and Christmas are celebrated with equal fervor by people of
all faiths, reflecting the spirit of fraternity that binds the nation together.
 Moreover, the Indian government has taken several initiatives to promote national
unity, such as the National Integration Council and the National Youth Festival, which
aim to foster a sense of unity and brotherhood among the citizens.

Integrity
 Integrity refers to the principle of honesty, transparency, and accountability in public
life, and in the context of a nation, it signifies the commitment to uphold its sovereignty
and territorial integrity.
 Fraternity contributes to India's integrity by fostering a sense of patriotism and loyalty
among its citizens.
 Furthermore, the Indian government has taken various measures to strengthen national
integrity, such as the implementation of the National Register of Citizens (NRC) and
the abrogation of Article 370, which aimed to fully integrate Jammu and Kashmir into
the Indian Union.

DIRECTIVE PRINCIPLES OF STATE POLICY

The Directive Principles of State Policy (DPSP) are a set of guidelines and
principles enshrined in Part IV of the Indian Constitution. These principles are not
enforceable by any court of law but are fundamental in the governance of the
country. The DPSPs are classified into different categories based on the ideals they
promote. Here are the different categories of DPSPs:

Socialistic Ideals
Article 38 of the Indian Constitution directs to minimize income inequalities
and eliminate status inequalities.
Article 39 aims to create sufficient means of livelihood for men and women.
Article 41 is an important directive that recognizes the right to work.
Article 42 seeks to establish just and humane working conditions, including
maternity relief.
Article 43 promotes the creation of decent living wages and the growth of
cottage industries.
Article 43B, inserted by the 97th amendment, seeks to establish professional
management of cooperative societies.

Gandhian Ideals:
Article 40 fulfills the Gandhian dream of organizing socio-political life around
villages. The directive for organizing village Panchayats was realized by the
73rd and 74th Constitutional Amendments (1993), which ushered in
Panchayati Raj in India.
Article 46 promotes the educational and economic interests of scheduled
castes, scheduled tribes, and other weaker sections, as well as improving their
nutritional level and public health.
Article 48 is an important directive on the organization of agriculture and
animal husbandry. It calls for prohibiting the slaughter of cows, calves, and
other milch cattle.

Liberal Ideals:
Article 39 promotes equality in justice by providing free legal aid.
Article 44 directs the implementation of a uniform civil code in India to
promote uniformity in civil laws and a sense of unity and integrity.
Article 50 directs the separation of the judiciary from the executive in the
public services of the state.

Humanistic Ideals
DPSPs related to the ideals of the Indian freedom struggle aim to safeguard
the natural environment and wildlife of the country, as outlined in
Article 48A.
Protection of monuments, places, and objects of national importance is
another important principle of these DPSPs, as stated in Article 49.
Promoting international peace and security is also an ideal promoted by these
DPSPs, as outlined in Article 51.

IMPORTANT QUESTIONS
1) What is equality? Explain equality Before Law mentioned under Article 14.
PYQ 2023
2) Define justice.Briefly explain the constitutional values in accordance with the
principle of justice. PYQ 2023
3) Write a short note on: PYQ 2023
a) Equality before law
b) Unity and Intigrity
4) How the constitution functions as the “supreme law of the land” PYQ 2023
5) Describe the fraternity in Indian Constitution.
6) Define the Social, Political and Economic justice in Indian constitution.
7) Briefly explain Liberty, Thought, Expression, Faith, Worship as a
fundamental rights.

Thank You
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ursbrijesh@gmail.com / +917976697373