Unit 4

Human rights in Indian Constitution and law

i)The Constitution of India : Preamble
ii)Fundamental Rights
iii)Directive principles of state policy
iv)Fundamental duties
v)Some other provisions
Human rights in Indian Constitution and law
Human Rights in the Indian Constitution and Law
 Human rights are the basic rights and freedoms that every person
has simply because they are human.
 These rights are meant to ensure people can live with dignity,
freedom, equality, justice, and peace.

 In the Indian Context :

Constitutional Rights (Fundamental Rights)
 The Indian Constitution gives special importance to human rights
through Fundamental Rights listed in Part III (Articles 12 to 35).
 These include :
 Right to Equality (Article 14-18): Everyone is equal before the law.

 Right to Freedom (Article 19-22): Freedom of speech, movement,

assembly, etc.

 Right Against Exploitation (Article 23-24): No human trafficking or

child labor.

 Right to Freedom of Religion (Article 25-28): Everyone is free to

follow any religion.

 Cultural and Educational Rights (Article 29-30): Protects the

culture of minorities.

 Right to Constitutional Remedies (Article 32) : Right to go to court

if rights are violated.
Legal Protection (By Laws) : Apart from the Constitution, India also
has laws like:

Protection of Human Rights Act, 1993 –

 This law created the National Human Rights Commission (NHRC)
to protect and promote human rights in India.
 Various other laws protect women, children, SC/ST communities,
workers, and the environment.

International Commitment : India is part of the United Nations and

supports Universal Declaration of Human Rights (UDHR), showing
its global commitment to protect human rights.
 Human rights in India are protected by the Constitution (especially
through Fundamental Rights), national laws, and international
agreements.
 These rights ensure every person is treated fairly, lives with
dignity, and is protected from injustice.
i)The Constitution of India : Preamble
 The Constitution of India is a set of rules that helps run the country
properly and ensures freedom, justice, and equality for all Indians.

1)What is Preamble?
 A preamble is the introduction to the Constitution
 It gives an idea of what the Constitution is about & what goals it
wants to achieve

2)What does the Preamble say about India?

It says that India is:
 Sovereign(Sovereign means independent and self-ruling)
-India rules itself & is not controlled by any other country

 Socialist(Socialist means everyone should be treated fairly and

resources should be shared for the good of all, not just a few rich
people)
– The government tries to reduce inequality & help the poor
 Secular(Secular means the government does not favor any
religion. Everyone is free to follow any religion or no religion at
all)
– People of all religions are treated equally

 Democratic(Democratic means the people have the power to

choose their leaders)
– The people choose their leaders by voting

Republic(Republic means the head of the country (like the

President) is elected by the people, not a king or queen.
In India)
– the head of the country(like the President) is elected,not a king or
queen
 The Preamble also says that the country wants to make sure
everyone gets justice,freedom & equality & that all citizens live
together like a family (called fraternity) to keep the country united

3)How was the Preamble created?

 It was based on something called the Objectives Resolution,which
was written & introduced by Jawaharlal Nehru in the Constitutent
Assembly on 13 December 1946
 It was accepted by the Assembly on 22 January 1947
 The Preamble
 The people of India decided
to make the country a
sovereign,socialist ,secular
& democractic republic
That means :
 India is independent
(sovereign)
 Tries to reduce inequality
(socialist)
 Treats all religions equally
(secular)
 People choose their leaders
(democratic)
 The head of the country is
elected(republic)
It promises to all citizens:
 Justice : everyone should be treated fairly(in society,economy &
politics)

 Liberty : Everyone has the freedom to think,speak,believe &

follow any religion

 Equality : Everyone should get equal treatment & chances

 Fraternity : everyone should live with a sense of brotherhood &

unity

Meaning of Important words

1)Solemnly : in a serious & respectful way

2)Sovereighty : India makes its own decisions & is not under any
other country’s control
3)Liberty : Freedom for people to act & speak as they want within
the law

4)Fraternity : A feeling of togetherness & unity like one big family

Why is preamble necessary?

 The Preamble is like an introduction to the Constitution
 It helps us understand why laws are made & what the lawmakers
wanted to achieve
 It shows the main goals or objectives of the Constitution
 It talks about the ideals(like justice,euality,liberty & fraternity) that
the Constitution wants to make real in the country
Importance of Preamble :
 It tells us what the Constitution is trying to do
 It gives purpose & direction to the Constitution
 It protects & respects the main ideas(like fairness,freedom,unity)
 It talks about long term goals for the country’s development &
equality

Is the Preamble a part of the Constitution?

 Yes, the Preamble is a part of the Indian Constitution.
 This was clearly decided by the Supreme Court of India in the
famous Kesavananda Bharati case (1973).
 The Court ruled that :
 The Preamble is not just an introduction, but an important part
of the Constitution.
 It reflects the basic structure of the Constitution — values like
justice, liberty, equality, and fraternity.
 However, the Preamble cannot be used alone to give power or
take away any part of the Constitution.
 It helps interpret the Constitution but does not override it.
Directive Principles of state Policy

Directive Principles of state Policy in the Indian Constitution

What are directive Principles?
 They are guidelines for the government to follow while running
the country
 These are written in Part IV of the Constitution of India
 They are not laws,but they show what kind of country we want to
build-one that is fair & equal for everyone

Why were they added?

 After India got independence,the country was facing economic
problems & weak unity
 The makers of the Constitution knew this & wanted to help the
country grow in a balanced way
 So they added these principles to guide the government in
working for the welfare & development of all sections of society
 The directive principles of state policy were inspired by the
Constitution of Ireland
 They show the main ideas behind the Indian Constitution ,
focusing on the country’s overall development
 They guide the government in areas like :
 Social Justice(fair treatment for all)
 Economic welfare(well-being of people)
 Foreign policy(relations with other countries)
 Law & administration(how rules are made & followed)
 These principles were influenced by Jawaharlal Nehru’s ideas of
socialism & Mahatma Gandhi’s thoughts

Main goal :
 To make sure everyone gets economic justice & to prevent a few
people from becoming too rich ,so that wealth is fairly shared
among all
Classification of Directive Principles of State Policy(DPSPs)
 The Indian Constitution does not officially divide DPSPs into
categories
 But based on what they talk about & their purpose, experts
usually group them into three types :
1)Socialistic Principles
 Focus on equality,fair distribution of wealth & helping the poor &
needy

2)Gandhian Principles
 Based on the ideas of Mahatma Gandhi,such as village
development,self-reliance & helping the weaker sections of
society

3)Liberal-Intellectual Principles
 Related to individual rights,international peace,education &
justice
1)Socialistic Principles
 Socialistic Principles of the Directive Principles of State Policy(DPSP)
in India
 These principles aim to create fairness in society by giving everyone
equal economic & social opportunities

What are Socialistic Principles?

 These are ideas in the Constitution that guide the government to :
 Bring social & economic fairness
 Create a welfare state(where the government helps improve
people’s quality of life)
 Under various articles, they direct the state to :

Article 38
 The government should work for the welfare of all people
 It should reduce inequality in income,status & opportunities
Article 39
 The state should make sure citizens :
 Have the right to a decent job or way to earn a living
 Share resources fairly among everyone
 Stop wealth & power from being controlled by only a few
 Get equal pay for equal work for both men & women
 Are protected from exploitation, especially workers & children
 Children get a chance for healthy development

Article 39A
 Everyone should get equal justice
 Poor people should get free legal help
Article 41
 In cases like unemployment,sickness,old age or disability ,people
should have :
 The Right to work
 The Right to education
 The Right to get public support

Article 42
 The government should ensure good & fair working conditions &
also provide maternity leave for women
Article 43
 The government should help workers earn a fair wage & enjoy a
good quality of life,including cultural & social benefits

Article 43A
 Workers should be allowed to take part in managing the industries
they work in

Article 47
 The government should work to improve nutrition,health &
overall living standards of the people
2)Gandhian Principles
 DPSPs are guidelines for how the government should work to
improve the lives of people
 Gandhian Principles within DPSPs are based on the ideas of
Mahatma Gandhi,focusing on fairness,welfare & uplifting the
poor
 These principles aim to build a better society by following
Gandhi’s vision during the national movement
 Under various articles,they direct the state to :

Article 40
 Set up & support local village governments(panchayats)to let
people govern themselves at the village level
Article 43
 Encourage small scale industries especially in villages,to support
self employment

Article 43B
 Support the creation & fair management of cooperative societies
where people work together for mutual benefit
Article 46
 Help improve education & economic conditions of weaker
sections,especially SCs(scheduled Castes) & STs(Scheduled
Tribes), & protect them from unfair treatment

Article 47
 Stop the use of harmful drinks & drugs to protect people’s health

Article 48
 Stop the killing of cows & other useful cattle & work to improve
their breeds
3)Liberal Intellectual Principles
 Liberal Intellectual Principles based on modern,liberal thinking
 These principles promote individual rights,justice,equality &
modern values in governance
 Under various articles ,they direct the state to :

Article 44
 The government should try to make one common set of
laws(Uniform Civil Code) for all citizens no matter what religion
they follow

Article 45
 Children below 14 years old should be done using modern &
scientific methods
Article 48
 Farming and animal care should be done using
modern,scientific methods

Article 49
 The government should protect old buildings,monuments &
places that are important for history or art

Article 50
 Judges & the courts (judiciary ) should work independently &
not be controlled by government officials

Article 51
 India should promote peace in the world,follow international
laws,& solve problems with other countries peacefully
Features of Directive Principle of State Policy
 These are suggestions for the government to improve people’s
lives
 The government should work for the well being of citizens
 Justice in society-socially,economically & politically should be
maintained
 It should reduce poverty & income inequality
 Everyone should get equal status & chances in life
 Men & women should get enough means to earn a living
 The government should prevent a few people from having too
much wealth & make sure resources are shared fairly among all
 Protect children & workers from being treated badly or unfairly
 Make sure children are not abandoned or ignored
 Help poor people get justice by giving them free legal advice
 Set up local governing bodies(village panchayats) that can make
their own decisions & help people fairly
 Support people who are unemployed,sick,disabled
 Make sure all workers get a fair pay & safe working environments
 Support small businesses & crafts in villages
 Try to make a single set of laws for all citizens,regardless of
religion or region
 Ensure that all children under 14 go to school for free
 Help improve the lives of scheduled castes(SC),scheduled
tribes(ST) & others who are disadvantaged
 Discourage alcohol, drugs & killing of cows
 Take care of forests & animals
 Safeguard historical places & objects from damage
 Maintain friendly relationships with other countries, respect
international laws & resolve disputes peacefully
Fundamental Duties
 Fundamental Rights, Directive Principles & Fundamental Duties
are important parts of the Indian Constitution
 They explain what the government must do for the people (its
duties),and what people must do for the country(their duties &
responsibilities)

Why are Fundamental Duties Important?

1)Breaking these duties is serious
 If someone breaks a fundamental duty, it is treated as
disrespecting the Constitution & can be punished under the
Prevention of Insults to National Honor Act,971

2)They go hand-in-hand with rights

 Just like citizens have rights, they also have duties
 The Constitution gives us both & ensures everyone is treated
fairly
3)Based on values
 These duties are based on morals, ethics & traditions
 Citizens are expected to :
 Respect & protect India’s unity & integrity
 Help the country run smoothly & uphold democracy
 Citizens have responsibilities to follow , just like the government
does
 These duties help keep the country strong, united & fair
that is :
1)Respect the Constitution & national symbols
 Follow the Indian constitution & show respect for the National
Flag & Anthem

2)Follow freedom movement values

 Remember & follow the values that guided India's freedom
struggle

3)Protect the unity of India

 Always support the unity & strengthen of the country

4)Serve the nation when needed

 Be ready to help or serve the country if required
5)Promote harmony & respect women
 Be kind & respectful to others & oppose actions that insult women

6)Preserve culture & heritage

 Protect India’s traditions, art & historical places

7)Protect nature
 Take care of the environment, including rivers, forests & wildlife

8)Think scientifically & be kind

 Develop a questioning mind & treat others with kindness &
humanity
9)Protect public property
 Take care of things that belong to everyone like parks, buses &
buildings

10)Aim for excellence

 Try to do your best in everything you do, whether alone or in a
group

11)Educate children(added later)

 Make sure children between 6-14 years go to school & get a
good education
 These duties help keep the country peaceful, united & strong
 They remind citizens of their responsibilities so that everyone
can enjoy freedom & live in harmony
 So, the constitutional provision is about legal rules in the
Constitution

What are Constitutional Provisions?

 Constitutional Provisions are special rules or laws that are
clearly written in a country’s Constitution
 These rules are very important & cannot be changed easily
 They cannot be changed by regular courts or everyday laws,
even if situations change
 They are fixed rules in the Constitution that guide how a
country is run &they are not easily changed like normal laws
Some other(Constitutional ) Provisions
These are important rules written in the Indian Constitution
1)Freedom of religion
 Every person has the right to follow & practice any religion

2)Citizenship
 Rules about who is a citizen of India

3)Seperation of state & religion

 The government should not favor or be controlled by any religion

4)Basic structure doctrine

 Some parts of the Constitution, like democracy & rule of law,
cannot be changed

5)India as a secular country

 India treats all religions equally & does not promote any one
religion
Accounting Provisions
 These are terms used in accounting (not related to the
Constitution) such as :
 Guarantees,looses,pensions,depression costs etc.
 These help companies prepare for future financial expenses
 Accounting provision is about financial planning in businesses
 Question bank Mid Sem
1)What is the Contribution of American Bill of Rights to the
fundamental rights incorporated in the Constitution of India?
2)Fundamental duties in Constitution of India?
3)What is social structure? State its impact on human behavior?
4)What is unemployment?
5)Explain causes of rural poverty?
6)Explain rights of mentally & physically challenged people?
7)What is NGO’s in India & explain rights of land,water,forest?
8)What is Migrant Workers & human rights violation? Explain their
rights?