Module 4

Constitutional Vision of India

1. The Constitution

The Constitution is the foundation of a nation’s law and governance. It defines

the structure, powers, and responsibilities of the government, as well as the
rights and duties of citizens. The Indian Constitution is a blend of principles
guiding the country’s political, legal, and social frameworks.

2. Making of the Indian Constitution

Demand for a Constituent Assembly

• 1934: M.N. Roy, a pioneering communist leader, first proposed the idea of
a Constituent Assembly for India.
• 1935: The Indian National Congress (INC) officially demanded a
Constituent Assembly to frame India’s Constitution.
• 1938: Jawaharlal Nehru declared that India’s Constitution must be created
without any external influence, elected by adult franchise.
• 1940: The British Government acknowledged the demand through the
‘August Offer.’
• 1942: Sir Stafford Cripps presented a draft for an independent Indian
Constitution after WWII, but the Muslim League rejected it, demanding
separate states.
• Cabinet Mission Plan: Finally, the Cabinet Mission proposed a single
Constituent Assembly to frame the Constitution.

The Constituent Assembly

• Formed in November 1946 under the Cabinet Mission Plan.

• It aimed to draft India’s Constitution for independence.
• First meeting: Held on December 9, 1946, but the Muslim League
boycotted, seeking a separate Pakistan.

3. Working of the Constituent Assembly

 • Temporary President: Dr. Satchidanand Sinha chaired the first meeting.
• Permanent President: Dr. Rajendra Prasad, with H.C. Mukherjee as Vice-
President.
• Constitutional Advisor: Sir B.N. Rau was appointed to guide the
assembly.
• Objectives Resolution: Proposed by Pandit Nehru on December 13, 1946,
and adopted on January 22, 1947. This formed the basis of the Constitution’s
preamble.
• Princely States: Initially absent, many joined after the Mountbatten Plan
(June 3, 1947) for partition was accepted.
• Dual Role: The Assembly served as both a Constitution-drafting body and
the first Parliament of free India.
• Final Session: The Assembly concluded its work on January 24, 1950.

4. Salient Features of the Indian Constitution

• Lengthiest Written Constitution: Initially had 395 articles, now with 448
articles, 25 parts, and 12 schedules.

1. The Bulkiest Constitution

• One of the most detailed in the world.
2. Rigidity and Flexibility
• Some parts can be amended with a simple majority, while others require a
two-thirds majority and state consent.
3. Parliamentary System
• India has a parliamentary system where real power rests with the Council
of Ministers, with the President as a ceremonial head.
4. Federal System with Unitary Bias
• India is a “Union of States,” meaning states can’t secede, and power lies
ultimately with the Union.
5. Fundamental Rights and Duties
• Fundamental Rights (Articles 12–35) ensure individual freedoms;
Fundamental Duties (Article 51A) outline citizen responsibilities.
 6. Directive Principles of State Policy
• Guidelines (Articles 36–51) for creating social and economic policies.
7. Secularism
• No state religion; all religions are respected equally.
8. Independent Judiciary
• Ensures constitutional compliance and protects citizens’ rights.
9. Single Citizenship
• One citizenship for all Indians, regardless of state.
10. Bicameral Legislature
• Two houses at the center: Rajya Sabha (Council of States) and Lok Sabha
(House of the People).
11. Emergency Powers
• Allows the President extraordinary powers during crises like armed
rebellion or external threats.
12. Special Provisions for Minorities
• Safeguards for minority communities and Scheduled Castes/Tribes.

5. The Preamble

The Preamble serves as an introduction to the Constitution. It commits to justice,

liberty, equality, and fraternity. The 42nd Amendment in 1976 added
“Socialist,” “Secular,” and “Integrity” to emphasize India’s core values.

Text of 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 opportunity;
FRATERNITY assuring the dignity of the individual and the unity and integrity of
the Nation…”

6. Key Terms in the Preamble

1. Sovereign
 • India is fully independent, not under any foreign rule, and free to make its
own laws.
2. Socialist
• Added in 1976, emphasizing democratic socialism: an economy with both
public and private sectors.
3. Secular
• Added in 1976, meaning equal respect and freedom for all religions,
guaranteed by Articles 25–28.
4. Democratic
• Power rests with the people through elected representatives, with
universal adult suffrage and one vote per person.
5. Republic
• The head of state, the President, is elected indirectly by the people,
showing a commitment to a representative government.
6. Justice
• Three aspects: social (equal status), economic (fair wealth distribution),
and political (equal political participation).
7. Liberty
• Ensures freedom of thought, expression, belief, faith, and worship.
8. Equality
• Equal status and opportunity for all citizens, without discrimination.
9. Fraternity
• Promotes brotherhood, ensuring dignity, unity, and integrity within the
nation.

Fundamental Rights, Duties, and Directive Principles of State

Policy in the Indian Constitution

The Indian Constitution grants various rights and responsibilities to its citizens,
classifying them into Fundamental Rights, Fundamental Duties, and Directive
Principles of State Policy. Below is a structured overview to help understand
these categories and their significance.

Fundamental Rights
The Fundamental Rights, covered in Part III (Articles 12 to 35) of the
Constitution, are essential rights that protect individual liberties and promote
social welfare. Initially, there were seven Fundamental Rights, but after the 44th
Amendment, only six remain, as the Right to Property was abolished as a
fundamental right.

The six categories of Fundamental Rights are as follows:

1. Right to Equality (Articles 14-18)

• Article 14: Ensures equality before the law and equal protection of the
laws.
• Article 15: Prohibits discrimination on grounds of religion, race, caste,
sex, or place of birth.
• Article 16: Guarantees equality of opportunity in public employment.
• Article 17: Abolishes untouchability.
• Article 18: Abolishes titles, except for military and academic distinctions.

2. Right to Freedom (Articles 19-22)

• Article 19: Grants six freedoms, including speech and expression,

assembly, association, movement, residence, and occupation.
• Article 20: Protects individuals against arbitrary punishment.
• Article 21: Ensures protection of life and personal liberty.
• Article 22: Provides safeguards against arbitrary arrest and detention.

3. Right Against Exploitation (Articles 23-24)

• Article 23: Prohibits trafficking and forced labor.

• Article 24: Prohibits child labor in hazardous occupations for children
below 14 years.

4. Right to Freedom of Religion (Articles 25-28)

• Article 25: Ensures freedom of conscience and free practice of religion.

 • Article 26: Provides the right to manage religious affairs.
• Article 27: Exempts individuals from paying taxes to support a religion.
• Article 28: Restricts religious instruction in state-funded educational
institutions.

5. Cultural and Educational Rights (Articles 29-30)

• Article 29: Protects the interests of minorities by allowing them to

preserve their culture.
• Article 30: Grants minorities the right to establish and administer
educational institutions.

6. Right to Constitutional Remedies (Articles 32-35)

• Article 32: Allows citizens to move the Supreme Court to enforce

Fundamental Rights.
• Article 33: Empowers Parliament to modify rights for armed forces.
• Article 35: Grants Parliament the power to legislate on matters related to
Fundamental Rights.

Fundamental Duties
The Fundamental Duties, listed in Part IV-A (Article 51-A), were added by the
42nd Amendment in 1976. They are not enforceable by law but outline the
ethical obligations of citizens towards the nation. Presently, there are 11
Fundamental Duties, including:

1. Respect the Constitution, National Flag, and National Anthem.

2. Cherish the ideals of freedom struggle.
3. Uphold sovereignty, unity, and integrity.
4. Defend the country when required.
5. Promote harmony and brotherhood.
6. Protect the dignity of women.
7. Preserve the nation’s heritage.
 8. Protect the environment.
9. Develop scientific temper and humanism.
10. Safeguard public property.
11. Ensure education for children between 6-14 years.

Directive Principles of State Policy

The Directive Principles, contained in Part IV (Articles 36-51), provide a
framework for establishing a social and economic welfare state. Although they
are not enforceable by law, they are crucial for guiding government policies.

Key Directives

• Article 38: Promotes welfare of people by ensuring justice.

• Article 39: Secures the right to adequate livelihood and prevents wealth
concentration.
• Article 39A: Ensures free legal aid for the poor.
• Article 41: Provides for work, education, and public assistance.
• Article 42: Secures humane working conditions and maternity relief.
• Article 43: Ensures a decent standard of living.
• Article 44: Strives for a Uniform Civil Code across the country.
• Article 45: Aims to provide early childhood care.
• Article 47: Raises the standard of nutrition and public health.
• Article 48A: Protects the environment and wildlife.
• Article 49: Protects monuments of national importance.

The Indian Constitution lays a comprehensive foundation for the nation’s

education system, with provisions aimed at ensuring equal opportunities, access,
and support across diverse sections of society.

Key Constitutional Provisions on Education:

1. Concurrent Responsibility:
 • Education in India operates at central, state, and concurrent levels. After
the 1976 amendment, it moved to the concurrent list, allowing both central and
state governments to legislate on education.
• Arguments in favor of education as a concurrent subject include ensuring
uniformity, better implementation, resource utilization, and leadership.
• Arguments against emphasize democratic values, appreciation of local
needs, and minority security.

2. Free and Compulsory Education:

• Article 45 originally aimed to provide free and compulsory education for

children up to age 14 within ten years of the Constitution’s commencement.
Due to challenges, the Right to Education (RTE) Act was introduced in 2002 to
strengthen this goal.
• Programs such as the National Literacy Mission and Operation Blackboard
were launched to boost literacy rates.

3. Education for Minorities:

• Article 30 grants minorities the right to establish and administer

educational institutions, with assurance against discrimination by the state in
granting aid.

4. Language Safeguards:

• Article 29(1) allows linguistic minorities to preserve their language, script,

and culture.

5. Education for Weaker Sections:

• Articles 14, 15, and 17 focus on the educational rights of weaker sections
like Scheduled Castes and Scheduled Tribes. Article 46 further directs the state
to promote their educational and economic interests.

6. Secular Education:

• India’s secular nature is reflected in Articles 25, 28, and 30, ensuring
freedom of religion and protection of minority institutions.
7. Equality in Educational Opportunities:

• Articles 29 and 30 ensure equal opportunities in educational institutions

and prohibit discrimination based on religion, race, or language.

8. Mother Tongue Instruction:

• Article 350 directs states to provide primary education in the mother

tongue for linguistic minorities, with additional recommendations from the
Kothari Commission for extending this practice to higher levels.

9. Promotion of Hindi:

• Article 351 tasks the Union with promoting Hindi as a language that can
express India’s composite culture.

10. Women’s Education:

• The National Policy of Education advocates for women’s advancement,

with Article 15 permitting special provisions to support women’s education
and development.

11. Education in Union Territories:

• Article 239 empowers the President to administer Union Territories,

including overseeing their educational administration.

Concepts of Inequality, Discrimination, and Marginalization

Inequality

• Inequality generally refers to unfairness or uneven treatment, affecting

areas like race, gender, sexual orientation, and economic status.
• Rousseau distinguished between natural inequality (due to physical or
mental differences) and social inequality (based on entitlement to wealth,
power, and status).
 • Hierarchical structures like stratification, class division, and rank societies
illustrate forms of social inequality, while egalitarian societies strive for
equality in status and resources.

Discrimination

• Discrimination is the unfair treatment of individuals based on race,

nationality, class, caste, religion, gender, language, or other status.
• Every person has the right to equal treatment, and discriminatory
practices violate this principle of equality.

Marginalisation

• Marginalisation is the process of pushing individuals or groups to the

societal “edges,” giving them less importance and excluding their needs or
contributions.
• It is a risk for groups like the poor, unemployed, disabled, or otherwise
marginalized, leading to their exclusion from economic, social, and political
opportunities.

Constitutional Provisions and Governmental Policies Addressing

Inequality, Discrimination, and Marginalization

Educational Issues

• Inequality in Education: Adivasis, Dalits, women, and minorities often

face discrimination in education.
• Reservation Policy: The Constitution provides reservation in higher
education and government jobs:
• 15% for Scheduled Castes
• 7.5% for Scheduled Tribes
• 27% for Other Backward Communities (OBC)
• As education demand rose, especially in fields like medicine and
engineering, reservations were expanded to address disparities.

Political Issues
 • 73rd and 74th Constitutional Amendments: These amendments
reserved seats for Dalits, Adivasis, and women in local governments (e.g.,
panchayats), promoting their political representation.
• Dalit Political Action Groups: These groups advocate for Dalit
representation in local government bodies, which handle many programs
directed at supporting marginalized communities.

Employment Issues

• Reservation in Employment: Marginalized groups receive preferential

consideration in central and state government jobs.
• Cut-Off Relaxation in Exams: Special cut-offs in competitive exams help
disadvantaged groups secure government jobs.

Other Government Programs

• Educational Programs: Various schemes, such as scholarships,

fellowships, mid-day meals, uniforms, and supplies, support marginalized
students.
• Remedial Tutoring: The central government funds four-year remedial
tutoring programs for select secondary students, helping them prepare for
college entrance exams.