NCERT Textbook - The Constitution and Social Change | Sociology Class 12 - Humanities/Arts PDF Download

 Page 1


The Constitution 
and Social Change
3
Chapter 3.indd   31 14 September 2022   12:03:32
Reprint 2024-25
Page 2


The Constitution 
and Social Change
3
Chapter 3.indd   31 14 September 2022   12:03:32
Reprint 2024-25
You will realise that the Constitution has the capacity to help people because 
it is based on the basic norms of social justice. For instance, the Directive 
Principle on Village Panchayats was moved as an amendment in the Constituent 
Assembly by K. Santhanam. After forty odd years, it became a Constitutional 
imperative after the 73rd Amendment in 1992.
The Constitution is not just a ready referencer of do’s and don’ts for social 
justice. It has the potential to extend the meaning of social justice. Social 
movements have also aided the courts and authorities to interpret the contents 
of rights and principles in keeping with the contemporary understanding on 
social justice.
Constitutional n orms and s o Cial Justi Ce : i nterpretation to 
a id s o Cial Justi Ce It is useful to understand that there is a difference between law and justice. 
The essence of law is its force. Law is law because it carries the means to coerce 
or force obedience. The power of the state is behind it. The essence of justice 
is fairness. Any system of law functions through a hierarchy of authorities. 
Constitution is the basis of all rules and authorities. It is the document that 
constitutes a nation’s tenets. The Indian Constitution is India’s basic norm. 
All other laws are made as per the procedures prescribed by the Constitution. 
These laws are made and implemented by the authorities specified by the 
Constitution. A hierarchy of courts (which too are authorities created by the 
Constitution) inerpret the laws when there is a dispute. The Supreme Court is 
the highest court and the ultimate interpreter of the Constitution.
The Supreme Court has enhanced the substance of Fundamental Rights 
in the Constitution in many important ways. The Box below illustrates a few 
instances.
? A Fundamental Right includes all that is incidental to it. The terse words of Article 21 
recognising the right to life and liberty have been interpreted as including all that goes 
into a life of quality, including livelihood, health, shelter, education and dignity. In various 
pronouncements, different attributes of ‘life’ have been expanded and ‘life’ has been explained to 
mean more than mere animal existence. These interpretations have been used to provide relief 
to prisoners subjected to torture and deprivation, release and rehabilitation of bonded labourers, 
against environmentally degrading activities, to provide primary healthcare and primary education.
 In 1993 the Supreme Court held that Right to Information is a part of and incidental to the Right to 
Freedom of Speech and Expression under Article 19(1) (a). 
? The Supreme Court read the Directive Principle of Equal Pay for Equal Work into the Fundamental 
Rights to Equality under Article 14 and has provided relief to many plantation and agricultural 
labourers and to others.
Box 3.1
Social Change and Development in India
32
Chapter 3.indd   32 10 November 2022   03:14:52
Reprint 2024-25
Page 3


The Constitution 
and Social Change
3
Chapter 3.indd   31 14 September 2022   12:03:32
Reprint 2024-25
You will realise that the Constitution has the capacity to help people because 
it is based on the basic norms of social justice. For instance, the Directive 
Principle on Village Panchayats was moved as an amendment in the Constituent 
Assembly by K. Santhanam. After forty odd years, it became a Constitutional 
imperative after the 73rd Amendment in 1992.
The Constitution is not just a ready referencer of do’s and don’ts for social 
justice. It has the potential to extend the meaning of social justice. Social 
movements have also aided the courts and authorities to interpret the contents 
of rights and principles in keeping with the contemporary understanding on 
social justice.
Constitutional n orms and s o Cial Justi Ce : i nterpretation to 
a id s o Cial Justi Ce It is useful to understand that there is a difference between law and justice. 
The essence of law is its force. Law is law because it carries the means to coerce 
or force obedience. The power of the state is behind it. The essence of justice 
is fairness. Any system of law functions through a hierarchy of authorities. 
Constitution is the basis of all rules and authorities. It is the document that 
constitutes a nation’s tenets. The Indian Constitution is India’s basic norm. 
All other laws are made as per the procedures prescribed by the Constitution. 
These laws are made and implemented by the authorities specified by the 
Constitution. A hierarchy of courts (which too are authorities created by the 
Constitution) inerpret the laws when there is a dispute. The Supreme Court is 
the highest court and the ultimate interpreter of the Constitution.
The Supreme Court has enhanced the substance of Fundamental Rights 
in the Constitution in many important ways. The Box below illustrates a few 
instances.
? A Fundamental Right includes all that is incidental to it. The terse words of Article 21 
recognising the right to life and liberty have been interpreted as including all that goes 
into a life of quality, including livelihood, health, shelter, education and dignity. In various 
pronouncements, different attributes of ‘life’ have been expanded and ‘life’ has been explained to 
mean more than mere animal existence. These interpretations have been used to provide relief 
to prisoners subjected to torture and deprivation, release and rehabilitation of bonded labourers, 
against environmentally degrading activities, to provide primary healthcare and primary education.
 In 1993 the Supreme Court held that Right to Information is a part of and incidental to the Right to 
Freedom of Speech and Expression under Article 19(1) (a). 
? The Supreme Court read the Directive Principle of Equal Pay for Equal Work into the Fundamental 
Rights to Equality under Article 14 and has provided relief to many plantation and agricultural 
labourers and to others.
Box 3.1
Social Change and Development in India
32
Chapter 3.indd   32 10 November 2022   03:14:52
Reprint 2024-25
3.1 The Panchaya Ti Raj and The c hallenges  
of Ru Ral s ocial TRansfo Rma Tion i deals of p an Chayati r a J
Panchayati Raj translates literally to ‘Governance by five individuals’. The idea is 
to ensure at the village or grass root level a functioning and vibrant democracy. 
While the idea of grassroot democracy is not an alien import to our country, in a 
society where there are sharp inequalities, democratic participation is hindered 
on grounds of gender, caste and class. Furthermore, as you shall see in the 
newspaper reports later in the chapter, traditionally there have been caste 
panchayats in villages. But they have usually represented dominant groups. 
Furthermore, they often held conservative views and often have, and continue 
to take decisions that go against both democratic norms and procedures.  
When the constitution was being 
drafted, panchayats did not find a 
mention in it. At this juncture, a 
number of members expressed their 
sorrow, anger and disappointment 
over this issue. At the same time, 
drawing on his own rural experience, 
Dr. Ambedkar argued that local 
elites and upper castes were so well 
entrenched in society that local self-
government only meant a continuing 
exploitation of the downtrodden 
masses of Indian society. The upper 
castes would no doubt silence this 
segment of the population further. 
The concept of local government was 
dear to Gandhiji too. He envisaged 
each village as a self-sufficient unit 
conducting its own affairs and saw 
gram-swarajya to be an ideal model 
to be continued after independence.
It was, however, only in 1992 that 
grassroot democracy or decentralised 
governance was ushered in by the 73
rd
 
Constitutional Amendment. This act 
provided constitutional status to the Panchayati Raj Institutions (PRIs). It is 
compulsory now for local self-government bodies in rural and municipal areas 
to be elected every five years. More importantly, control of local resources is 
given to the elected local bodies. 
33
The three-tier system of Panchayati Raj 
Institution
? 	The structure is like a pyramid. At the base of the 
structure stands the unit of democracy or Gram Sabha. 
This consists of the entire body of citizens in a village 
or grama. It is this general body that elects the local 
government and charges it with specific responsibilities. 
The Gram Sabhas ideally ought to provide an open forum 
for discussions and village-level development activities 
and play a crucial role in ensuring inclusion of the weaker 
sections in the decision-making processes.
? 	The 73
rd
 Amendment provided a three-tier system of 
Panchayati Raj for all states having a population of over 
twenty lakhs. 
? 	It became mandatory that election to these bodies be 
conducted every five years.
? 	 It provided reservation of seats for the Scheduled Castes, 
Scheduled Tribes and thirty three percent seats for women.
? 	 It constituted District Planning Committee to prepare drafts 
and develop plans for the district as a whole.
Box 3.2
The Constitution and Social Change
33
Chapter 3.indd   33 14 September 2022   12:03:33
Reprint 2024-25
Page 4


The Constitution 
and Social Change
3
Chapter 3.indd   31 14 September 2022   12:03:32
Reprint 2024-25
You will realise that the Constitution has the capacity to help people because 
it is based on the basic norms of social justice. For instance, the Directive 
Principle on Village Panchayats was moved as an amendment in the Constituent 
Assembly by K. Santhanam. After forty odd years, it became a Constitutional 
imperative after the 73rd Amendment in 1992.
The Constitution is not just a ready referencer of do’s and don’ts for social 
justice. It has the potential to extend the meaning of social justice. Social 
movements have also aided the courts and authorities to interpret the contents 
of rights and principles in keeping with the contemporary understanding on 
social justice.
Constitutional n orms and s o Cial Justi Ce : i nterpretation to 
a id s o Cial Justi Ce It is useful to understand that there is a difference between law and justice. 
The essence of law is its force. Law is law because it carries the means to coerce 
or force obedience. The power of the state is behind it. The essence of justice 
is fairness. Any system of law functions through a hierarchy of authorities. 
Constitution is the basis of all rules and authorities. It is the document that 
constitutes a nation’s tenets. The Indian Constitution is India’s basic norm. 
All other laws are made as per the procedures prescribed by the Constitution. 
These laws are made and implemented by the authorities specified by the 
Constitution. A hierarchy of courts (which too are authorities created by the 
Constitution) inerpret the laws when there is a dispute. The Supreme Court is 
the highest court and the ultimate interpreter of the Constitution.
The Supreme Court has enhanced the substance of Fundamental Rights 
in the Constitution in many important ways. The Box below illustrates a few 
instances.
? A Fundamental Right includes all that is incidental to it. The terse words of Article 21 
recognising the right to life and liberty have been interpreted as including all that goes 
into a life of quality, including livelihood, health, shelter, education and dignity. In various 
pronouncements, different attributes of ‘life’ have been expanded and ‘life’ has been explained to 
mean more than mere animal existence. These interpretations have been used to provide relief 
to prisoners subjected to torture and deprivation, release and rehabilitation of bonded labourers, 
against environmentally degrading activities, to provide primary healthcare and primary education.
 In 1993 the Supreme Court held that Right to Information is a part of and incidental to the Right to 
Freedom of Speech and Expression under Article 19(1) (a). 
? The Supreme Court read the Directive Principle of Equal Pay for Equal Work into the Fundamental 
Rights to Equality under Article 14 and has provided relief to many plantation and agricultural 
labourers and to others.
Box 3.1
Social Change and Development in India
32
Chapter 3.indd   32 10 November 2022   03:14:52
Reprint 2024-25
3.1 The Panchaya Ti Raj and The c hallenges  
of Ru Ral s ocial TRansfo Rma Tion i deals of p an Chayati r a J
Panchayati Raj translates literally to ‘Governance by five individuals’. The idea is 
to ensure at the village or grass root level a functioning and vibrant democracy. 
While the idea of grassroot democracy is not an alien import to our country, in a 
society where there are sharp inequalities, democratic participation is hindered 
on grounds of gender, caste and class. Furthermore, as you shall see in the 
newspaper reports later in the chapter, traditionally there have been caste 
panchayats in villages. But they have usually represented dominant groups. 
Furthermore, they often held conservative views and often have, and continue 
to take decisions that go against both democratic norms and procedures.  
When the constitution was being 
drafted, panchayats did not find a 
mention in it. At this juncture, a 
number of members expressed their 
sorrow, anger and disappointment 
over this issue. At the same time, 
drawing on his own rural experience, 
Dr. Ambedkar argued that local 
elites and upper castes were so well 
entrenched in society that local self-
government only meant a continuing 
exploitation of the downtrodden 
masses of Indian society. The upper 
castes would no doubt silence this 
segment of the population further. 
The concept of local government was 
dear to Gandhiji too. He envisaged 
each village as a self-sufficient unit 
conducting its own affairs and saw 
gram-swarajya to be an ideal model 
to be continued after independence.
It was, however, only in 1992 that 
grassroot democracy or decentralised 
governance was ushered in by the 73
rd
 
Constitutional Amendment. This act 
provided constitutional status to the Panchayati Raj Institutions (PRIs). It is 
compulsory now for local self-government bodies in rural and municipal areas 
to be elected every five years. More importantly, control of local resources is 
given to the elected local bodies. 
33
The three-tier system of Panchayati Raj 
Institution
? 	The structure is like a pyramid. At the base of the 
structure stands the unit of democracy or Gram Sabha. 
This consists of the entire body of citizens in a village 
or grama. It is this general body that elects the local 
government and charges it with specific responsibilities. 
The Gram Sabhas ideally ought to provide an open forum 
for discussions and village-level development activities 
and play a crucial role in ensuring inclusion of the weaker 
sections in the decision-making processes.
? 	The 73
rd
 Amendment provided a three-tier system of 
Panchayati Raj for all states having a population of over 
twenty lakhs. 
? 	It became mandatory that election to these bodies be 
conducted every five years.
? 	 It provided reservation of seats for the Scheduled Castes, 
Scheduled Tribes and thirty three percent seats for women.
? 	 It constituted District Planning Committee to prepare drafts 
and develop plans for the district as a whole.
Box 3.2
The Constitution and Social Change
33
Chapter 3.indd   33 14 September 2022   12:03:33
Reprint 2024-25
The 73
rd
 and 74
th
 amendments to the Constitution 
ensured the reservation of one third of the total seats for 
women in all elected offices of local bodies in both the 
rural and urban areas. Out of this, 17 per cent seats are 
reserved for women belonging to the scheduled castes 
and tribes. This amendment is significant as for the 
first time it brought women into elected bodies which 
also bestowed on them decision making powers. One 
third of the seats in local bodies, gram panchayats, 
village panchayats, municipalities, city corporations and 
district boards are reserved for women. The 1993–94 
elections, soon after the 73
rd
 amendment brought in 
800,000 women into the political processes in a single 
election. That was a big step indeed in enfranchising 
women. A constitutional amendment prescribed a three-
tier system of local self-governance (read Box 3.7 on the 
last page) for the entire country, effective since 1992–93. 
p owers and r esponsibilities of p an Chayats According to the Constitution, Panchayats should be 
given powers and authority to function as institutions of 
self-government. It, thus, requires all state governments 
to revitalise local representative institutions.
The following powers and responsibility were 
delegated to the Panchayats: 
 ? to prepare plans and schemes for economic 
development 
 ?
to promote schemes that will enhance social 
justice
 ? to levy, collect and appropriate taxes, duties, 
tolls and fees
 ?
help in the devolution of governmental 
responsibilities, especially that of finances to 
local authorities
Social welfare responsibilities of the Panchayats 
include the maintenance of burning and burial grounds, 
recording statistics of births and deaths, establishment 
of child welfare and maternity centres, control of cattle 
pounds, propagation of family planning and promotion of 
agricultural activities. The development activities include 
the construction of roads, public buildings, wells, 
tanks and schools. They also promote small cottage 
industries and take care of minor irrigation works. Many 
A woman Panch with her reward
Social Change and Development in India
34
Chapter 3.indd   34 14 September 2022   12:03:33
Reprint 2024-25
Page 5


The Constitution 
and Social Change
3
Chapter 3.indd   31 14 September 2022   12:03:32
Reprint 2024-25
You will realise that the Constitution has the capacity to help people because 
it is based on the basic norms of social justice. For instance, the Directive 
Principle on Village Panchayats was moved as an amendment in the Constituent 
Assembly by K. Santhanam. After forty odd years, it became a Constitutional 
imperative after the 73rd Amendment in 1992.
The Constitution is not just a ready referencer of do’s and don’ts for social 
justice. It has the potential to extend the meaning of social justice. Social 
movements have also aided the courts and authorities to interpret the contents 
of rights and principles in keeping with the contemporary understanding on 
social justice.
Constitutional n orms and s o Cial Justi Ce : i nterpretation to 
a id s o Cial Justi Ce It is useful to understand that there is a difference between law and justice. 
The essence of law is its force. Law is law because it carries the means to coerce 
or force obedience. The power of the state is behind it. The essence of justice 
is fairness. Any system of law functions through a hierarchy of authorities. 
Constitution is the basis of all rules and authorities. It is the document that 
constitutes a nation’s tenets. The Indian Constitution is India’s basic norm. 
All other laws are made as per the procedures prescribed by the Constitution. 
These laws are made and implemented by the authorities specified by the 
Constitution. A hierarchy of courts (which too are authorities created by the 
Constitution) inerpret the laws when there is a dispute. The Supreme Court is 
the highest court and the ultimate interpreter of the Constitution.
The Supreme Court has enhanced the substance of Fundamental Rights 
in the Constitution in many important ways. The Box below illustrates a few 
instances.
? A Fundamental Right includes all that is incidental to it. The terse words of Article 21 
recognising the right to life and liberty have been interpreted as including all that goes 
into a life of quality, including livelihood, health, shelter, education and dignity. In various 
pronouncements, different attributes of ‘life’ have been expanded and ‘life’ has been explained to 
mean more than mere animal existence. These interpretations have been used to provide relief 
to prisoners subjected to torture and deprivation, release and rehabilitation of bonded labourers, 
against environmentally degrading activities, to provide primary healthcare and primary education.
 In 1993 the Supreme Court held that Right to Information is a part of and incidental to the Right to 
Freedom of Speech and Expression under Article 19(1) (a). 
? The Supreme Court read the Directive Principle of Equal Pay for Equal Work into the Fundamental 
Rights to Equality under Article 14 and has provided relief to many plantation and agricultural 
labourers and to others.
Box 3.1
Social Change and Development in India
32
Chapter 3.indd   32 10 November 2022   03:14:52
Reprint 2024-25
3.1 The Panchaya Ti Raj and The c hallenges  
of Ru Ral s ocial TRansfo Rma Tion i deals of p an Chayati r a J
Panchayati Raj translates literally to ‘Governance by five individuals’. The idea is 
to ensure at the village or grass root level a functioning and vibrant democracy. 
While the idea of grassroot democracy is not an alien import to our country, in a 
society where there are sharp inequalities, democratic participation is hindered 
on grounds of gender, caste and class. Furthermore, as you shall see in the 
newspaper reports later in the chapter, traditionally there have been caste 
panchayats in villages. But they have usually represented dominant groups. 
Furthermore, they often held conservative views and often have, and continue 
to take decisions that go against both democratic norms and procedures.  
When the constitution was being 
drafted, panchayats did not find a 
mention in it. At this juncture, a 
number of members expressed their 
sorrow, anger and disappointment 
over this issue. At the same time, 
drawing on his own rural experience, 
Dr. Ambedkar argued that local 
elites and upper castes were so well 
entrenched in society that local self-
government only meant a continuing 
exploitation of the downtrodden 
masses of Indian society. The upper 
castes would no doubt silence this 
segment of the population further. 
The concept of local government was 
dear to Gandhiji too. He envisaged 
each village as a self-sufficient unit 
conducting its own affairs and saw 
gram-swarajya to be an ideal model 
to be continued after independence.
It was, however, only in 1992 that 
grassroot democracy or decentralised 
governance was ushered in by the 73
rd
 
Constitutional Amendment. This act 
provided constitutional status to the Panchayati Raj Institutions (PRIs). It is 
compulsory now for local self-government bodies in rural and municipal areas 
to be elected every five years. More importantly, control of local resources is 
given to the elected local bodies. 
33
The three-tier system of Panchayati Raj 
Institution
? 	The structure is like a pyramid. At the base of the 
structure stands the unit of democracy or Gram Sabha. 
This consists of the entire body of citizens in a village 
or grama. It is this general body that elects the local 
government and charges it with specific responsibilities. 
The Gram Sabhas ideally ought to provide an open forum 
for discussions and village-level development activities 
and play a crucial role in ensuring inclusion of the weaker 
sections in the decision-making processes.
? 	The 73
rd
 Amendment provided a three-tier system of 
Panchayati Raj for all states having a population of over 
twenty lakhs. 
? 	It became mandatory that election to these bodies be 
conducted every five years.
? 	 It provided reservation of seats for the Scheduled Castes, 
Scheduled Tribes and thirty three percent seats for women.
? 	 It constituted District Planning Committee to prepare drafts 
and develop plans for the district as a whole.
Box 3.2
The Constitution and Social Change
33
Chapter 3.indd   33 14 September 2022   12:03:33
Reprint 2024-25
The 73
rd
 and 74
th
 amendments to the Constitution 
ensured the reservation of one third of the total seats for 
women in all elected offices of local bodies in both the 
rural and urban areas. Out of this, 17 per cent seats are 
reserved for women belonging to the scheduled castes 
and tribes. This amendment is significant as for the 
first time it brought women into elected bodies which 
also bestowed on them decision making powers. One 
third of the seats in local bodies, gram panchayats, 
village panchayats, municipalities, city corporations and 
district boards are reserved for women. The 1993–94 
elections, soon after the 73
rd
 amendment brought in 
800,000 women into the political processes in a single 
election. That was a big step indeed in enfranchising 
women. A constitutional amendment prescribed a three-
tier system of local self-governance (read Box 3.7 on the 
last page) for the entire country, effective since 1992–93. 
p owers and r esponsibilities of p an Chayats According to the Constitution, Panchayats should be 
given powers and authority to function as institutions of 
self-government. It, thus, requires all state governments 
to revitalise local representative institutions.
The following powers and responsibility were 
delegated to the Panchayats: 
 ? to prepare plans and schemes for economic 
development 
 ?
to promote schemes that will enhance social 
justice
 ? to levy, collect and appropriate taxes, duties, 
tolls and fees
 ?
help in the devolution of governmental 
responsibilities, especially that of finances to 
local authorities
Social welfare responsibilities of the Panchayats 
include the maintenance of burning and burial grounds, 
recording statistics of births and deaths, establishment 
of child welfare and maternity centres, control of cattle 
pounds, propagation of family planning and promotion of 
agricultural activities. The development activities include 
the construction of roads, public buildings, wells, 
tanks and schools. They also promote small cottage 
industries and take care of minor irrigation works. Many 
A woman Panch with her reward
Social Change and Development in India
34
Chapter 3.indd   34 14 September 2022   12:03:33
Reprint 2024-25
government schemes like the Integrated Rural Development Programme (IRDP) 
and Integrated Child Development Scheme (ICDS) are monitored by members 
of the panchayat. 
The main income of the Panchayats is from tax levied on property, 
profession, animals, vehicles, cess on land revenue and rentals. The resources 
are further increased by the grants received through the Zilla Panchayat. It 
is also considered compulsory for Panchayat offices to put up boards outside 
their offices, listing the break up of funds received, and utilisation of the 
financial aid received. This exercise was taken up to ensure that people at the 
grassroot level should have the ‘right to information’ – opening all functioning 
to the public eye. People had the right to scrutinise allocation of money. And 
ask reasons for decisions that were taken for the welfare and development 
activities of the village. 
Nyaya Panchayats have been constituted in some states. They possess the 
authority to hear some petty, civil and criminal cases. They can impose fines 
but cannot award a sentence. These village courts have often been successful 
in bringing about an agreement amongst contending parties. They have been 
particularly effective in punishing men who harass women for dowry and 
perpetrate violence against them. 
p an Chayati r a J in t ribal a reas  
Kalavati, a Dalit by caste was apprehensive about standing for elections. She is a 
Panchayat member and realises that her confidence and self-esteem has grown 
ever since she became a member of the panchayat. Most importantly ‘she has a 
name’. Before she became a member of the panchayat she was only called as ‘Ramu’s mother’ 
or ‘Hiralal’s wife’. If she lost the election for the post of the Pradhan she felt ‘sakhiyan ki nak 
kat jaye’ (her friends would lose face). 
Source: This was recorded by Mahila Samakhya, an NGO working towards Rural 
Women’s Empowerment.
Box 3.3
The Constitution and Social Change
35
Chapter 3.indd   35 14 September 2022   12:03:33
Reprint 2024-25