Fundamental Rights, Fundamental Duties and Directive Principles of State Policy Chapter Notes | Civics Class 9 ICSE PDF Download

Introduction

Written and Lengthy Constitution

• One of the longest constitutions globally, originally with 395 Articles and 8 Schedules.
• Amended multiple times, increasing its volume over the years.

Reasons for its length:

• Based on the detailed Government of India Act, 1935.
• Includes features from other constitutions, like the parliamentary system from Great Britain and elements from the American Constitution.
• Contains detailed provisions for the functioning of the union government, state governments, and institutions like the Public Service Commission and Election Commission.
• Addresses the needs of India's diverse tribes, communities, and religious groups, adding to its bulk.

Example: The inclusion of provisions for diverse communities ensures that laws respect cultural differences, like protecting tribal rights in states like Jharkhand.

Parliamentary Form of Government

• India follows a parliamentary system where the Parliament holds law-making and executive powers.
• The President is the nominal head, while the Prime Minister and Cabinet hold real authority.
• The Prime Minister and ministers are accountable to the Parliament and remain in office with its confidence.
• At the state level, the Governor is the nominal head, and the Chief Minister with the Council of Ministers holds real power.
• The Cabinet, consisting of ministers with key portfolios, shapes major government policies.
• Cabinet ministers are appointed by the President on the Prime Minister’s advice and are responsible to the Lok Sabha.
• If a No Confidence Motion is passed in the Parliament, all ministers must resign collectively.
• Key functions of the Cabinet:
  • Formulates domestic and international policies, including defense, foreign affairs, economic policies, and state formation.
  • Coordinates various government departments for smooth policy implementation.
  • Introduces most bills in Parliament, which are discussed and scrutinized by members.
  • Answers questions from Lok Sabha members about their departments.
  • Prepares the President’s Special Address to Parliament and advises on issuing Ordinances when Parliament is not in session.

Example: If the Parliament passes a No Confidence Motion against the government, as seen in rare cases like 1999, the entire Cabinet must resign, showcasing parliamentary accountability.

Parliamentary Form of Government (Comparison)

Parliamentary System:

• President is the nominal head; real power lies with the Prime Minister and Cabinet.
• President is elected indirectly.
• Legislature is responsible to the executive.
• Practiced in India and England.

Presidential System:

• President is the chief executive for both central and state governments.
• President is elected directly.
• Real power lies with the President.
• Practiced in the USA.

Example: In India, the Prime Minister’s leadership depends on Parliament’s support, unlike the USA, where the President has fixed tenure regardless of legislative support.

Quasi Federal Government

• In a federal system, powers are divided between central and state governments, each drawing authority from the Constitution, not from each other.
• India’s Constitution is quasi-federal, blending federal and unitary features.

Federal Features:
Powers are divided among the legislature, executive, and judiciary.
The judiciary operates independently, ensured by:

• Judges of High Courts and Supreme Court are appointed by the President.
• Judges’ salaries and allowances cannot be reduced during their tenure.
• Judges cannot be removed before retirement except for gross misconduct.
• Supreme Court can strike down laws inconsistent with the Constitution.

Division of law-making powers into three lists:

• Union List: 97 subjects (e.g., defense, foreign affairs) where only the central government can legislate.
• State List: 66 subjects (e.g., police, agriculture) where only state governments can legislate.
• Concurrent List: 47 subjects (e.g., education, marriage) where both can legislate.
• Revenue is shared between the central and state governments.

Unitary Features:

• Strong central government; central laws prevail in case of conflicts on Concurrent List subjects.
• Central government controls key subjects like economic policies, foreign affairs, and currency.
• Residuary powers (subjects not in any list) lie with the central government.
• Governors are appointed by the President.
• During emergencies, central government powers increase, and state powers are limited.
• Single Constitution for the entire country, amended only by the central government.
• Single citizenship for all citizens.
• Unified judiciary with the Supreme Court at the top, followed by High Courts and subordinate courts.

Example: During a national emergency, like the one declared in 1975, the central government gains more control, reducing state autonomy, reflecting the unitary spirit.

Single Citizenship

• All Indians have single citizenship, regardless of their state or territory of residence.
• Unlike the USA, where citizens hold both national and state citizenship, India promotes unity through single citizenship.
• Aims to prevent separatist tendencies and maintain national unity.

Example: A person from Tamil Nadu is only a citizen of India, not of Tamil Nadu, fostering a unified national identity.

Universal Adult Franchise

• Every citizen above 18 years has the right to vote, regardless of caste, class, gender, or religion.
• Ensures equal participation in the democratic process.

Example: A 19-year-old from any background can vote in elections, ensuring inclusivity in choosing representatives.

Additional Feature: State Boundary Changes

• Only Parliament can alter state boundaries or create new states.

Example: The creation of Telangana from Andhra Pradesh in 2014 was decided by Parliament, showing central authority over state boundaries.

Fundamental Rights

• Fundamental Rights are basic human rights included in Part III (Articles 12-35) of the Indian Constitution.
• These rights draw inspiration from the French Revolution, the American Constitution, and the Universal Declaration of Human Rights adopted by the United Nations on 10^th December 1948.
• They are considered civil and political rights, aligning with the International Covenant on Civil and Political Rights, 1996.
• These rights are placed in Part III because they are essential and can only be amended through a constitutional amendment requiring a two-thirds majority in both Houses of Parliament.
• They are universal and justiciable, meaning citizens can approach courts if these rights are violated.
• Fundamental Rights are not absolute; restrictions can be imposed to balance individual liberty with social security.
• These rights can be suspended during a national emergency, such as war or external aggression, or when individual liberty conflicts with public welfare.

Example: If a person’s freedom of speech is used to spread hate, the State can impose restrictions to maintain public harmony, showing how individual rights are balanced with societal needs.

Main Features of the Fundamental Rights

• They ensure civil and political freedoms for all citizens.
• They are protected by the Constitution and can only be changed through a special amendment process.
• Citizens can seek legal remedies in courts if these rights are violated.
• They are not absolute and can be limited for the greater social good.
• They can be suspended during a national emergency to prioritize national security.

Classification of Fundamental Rights

• Article 14 ensures all citizens are equal before the law, regardless of caste, creed, or gender.
• Article 15 prohibits discrimination based on social or economic factors, such as denying admission to educational institutions based on caste, creed, or gender.
• Article 16 guarantees equal opportunity in employment under the central or state government for all citizens.
• Article 17 abolishes untouchability, making it illegal.
• Article 18 bans titles like Rai Sahab or Maharaja, but civilian and military honors can still be awarded.

Example: If a school denies admission to a student because of their caste, Article 15 allows the student to challenge this discrimination in court.

Right to Freedom: Articles 19-22

Article 19 provides six freedoms:

• Freedom of speech and expression.
• Freedom to assemble peacefully without arms.
• Freedom to form associations and unions.
• Freedom to move freely throughout India.
• Freedom to reside and settle anywhere in India.
• Freedom to practice any profession, trade, or business.

These freedoms are not absolute and can be restricted during emergencies or through laws like Preventive Detention.

Article 20 provides protections:

• No person can be punished twice for the same crime.
• No one can be forced to testify against themselves in a case where they are accused.
• No one can receive a penalty greater than what the law prescribes.
• Article 21 ensures no person is deprived of life or liberty except by law.

Article 22 provides rights to arrested persons:

• They must be informed of their offense.
• They must be presented before a magistrate within 24 hours of arrest.
• They have the right to consult a lawyer and prepare a defense.
• Preventive detention is a precautionary measure, not an accusation.
• Detention beyond three months requires approval from an Advisory Board.
• Detained persons can make representations against their detention.
• Limitations include the State’s right to withhold grounds of detention for public interest and Parliament’s authority to set the maximum period for preventive detention.

Example: If someone is arrested, Article 22 ensures they are informed of the reason and can consult a lawyer, protecting them from arbitrary detention.

Right Against Exploitation: Articles 23 and 24

• Article 23 prohibits slavery, beggary, forced labor, and human trafficking.
• Article 24 bans the employment of children under 14 in hazardous places like factories and mines.

Example: If a factory employs a 12-year-old in dangerous work, Article 24 allows legal action to stop this exploitation.

Right to Freedom of Religion: Articles 25-28

• Every person can freely profess, practice, and propagate their religion.
• Citizens can establish and maintain religious and charitable institutions.
• They can manage their religious affairs.
• They can acquire and administer property for religious purposes.
• No one can be forced to pay taxes to promote any religion.
• Religious instruction is not allowed in institutions fully or partly funded by the State.

Example: A citizen can freely celebrate their religious festivals, like Eid or Diwali, without interference, as protected by Article 25.

Cultural and Educational Rights: Articles 29 and 30

• Article 29 allows people to preserve their language, script, and culture.
• Article 30 permits minorities to establish and manage their own educational institutions.

Example: A linguistic minority can set up a school to teach in their native language, protected by Article 30.

Right to Constitutional Remedies: Article 32

• Article 32 allows citizens to approach the Supreme Court to enforce their Fundamental Rights.
• The Supreme Court and High Courts can issue writs, which are formal orders to provide legal remedies:
  • Habeas Corpus: Orders the release of a person wrongfully detained.
  • Mandamus: Directs a lower court or authority to perform a specific duty.
  • Writ of Prohibition: Stops a lower court from acting beyond its jurisdiction.
  • Writ of Certiorari: Allows a higher court to review proceedings of a lower court.
  • Quo-warranto: Prevents someone from unlawfully holding a public office.

Example: If someone is illegally detained, a Habeas Corpus writ can be filed to secure their release.

Right to Education

• The Constitution Act, 2002, guarantees free and compulsory education for children aged 6 to 14 years.
• Example: The government must ensure a 10-year-old child has access to free schooling under this right.

Right to Property: Article 31

• Article 31 previously allowed citizens to buy, hold, and sell movable and immovable property as a Fundamental Right.
• The 44^th Amendment Act, 1978, removed the Right to Property from Fundamental Rights, making it a legal right under Article 300A.
• Example: While citizens can still own property, it is no longer protected as a Fundamental Right but as a legal right.

Limitations on the Fundamental Rights

• Fundamental Rights are not absolute to ensure the general welfare of society.
• They can be suspended during a national emergency declared under Article 352, but are restored once the emergency ends.
• Parliament can modify these rights for armed forces, police, or intelligence organizations to maintain discipline and duty.
• Laws like the Defence of India Act and National Security Act can limit Fundamental Rights to protect national interests.
• During an emergency, the legislature can make laws without restrictions, and citizens lose protection against executive or legislative actions.
• Example: During a war, the government may restrict freedom of movement to ensure national security, as allowed under emergency provisions.

Fundamental Duties

Fundamental Duties were added by the 42^nd Amendment Act, 1976, to balance rights with responsibilities.
Citizens must:

• Follow the Constitution and respect the national flag and anthem.
• Uphold and protect India’s sovereignty, unity, and integrity.
• Cherish the ideals of the national freedom struggle.
• Defend the country and provide national service when required.
• Promote harmony and brotherhood among all Indians.
• Value and preserve India’s rich cultural heritage.
• Protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
• Develop a scientific temper, inquiry, and reform.
• Strive for excellence in individual and collective activities.
• Parents or guardians must provide education opportunities for children aged 6 to 14.

Example: A citizen planting trees to protect the environment fulfills the duty to improve the natural environment.

Importance of Fundamental Duties

• Make citizens aware of their social and economic responsibilities.
• Encourage people to protect and promote cultural heritage.
• Help control disruptive elements in society.
• Strengthen national harmony.
• Foster cooperation between citizens and the state.
• These duties are not legally enforceable.

Example: By respecting the national flag, citizens contribute to national unity, fulfilling a Fundamental Duty

Imagine a roadmap that guides a nation toward fairness, equality, and progress—this is what the Directive Principles of State Policy in the Indian Constitution aim to achieve. Enshrined in Part IV (Articles 36–51), these principles act like a compass for the government, offering a vision to create a just and welfare-oriented society. They blend the ideals of great thinkers like Mahatma Gandhi with global inspirations like the Universal Declaration of Human Rights. While not enforceable by law, they inspire policies that uplift every citizen, from ensuring equal pay to protecting the environment. Let’s dive into these guiding principles that shape India’s journey toward becoming a true welfare state!

Directive Principles of State Policy

• Guidelines for the government to follow in running the country.
• Found in Part IV of the Constitution, under Articles 36–51.
• Reflect deep human thoughts, beliefs, and knowledge.
• Called "directives" as they guide the government in making and applying policies.

Example: The government launches schemes like free education for children up to 14 years to follow the directive of ensuring the right to education (Article 41).

Sources of the Directive Principles

• Constitution of the Irish Republic, which includes socialist principles to guide lawmakers.
• Declaration of the Rights of Man and Citizens from revolutionary France.
• Ideals and principles of Mahatma Gandhi.
• Charter of Human Rights by the United Nations.
• Universal Declaration of Human Rights adopted by the United Nations.

Classification of Directive Principles

• Related to Gandhian ideologies, economic and social policies, justice, law, administration, environmental protection, and international peace.

Economic Principles

• Article 39(a): Ensure all citizens have adequate means of livelihood and equal rights.
• Article 39(b): Promote the common good by distributing material resources fairly.
• Article 39(c): Prevent wealth from concentrating in a few hands.
• Article 39(d): Ensure equal pay for equal work for both men and women.
• Article 39(e): Protect the health and strength of workers, both men and women.
• Article 39(f): Provide proper care for children and youth to prevent their exploitation.
• Article 41: Ensure the right to work, education, and public assistance during old age, sickness, disability, and unemployment.
• Article 42: Provide fair and humane working conditions for people.
• Article 43: Ensure a decent standard of living for workers through suitable laws.
• Article 43A: Promote workers’ participation in the management of industries.

Example: The Minimum Wages Act ensures that workers, like factory laborers, receive fair pay for their work, aligning with Article 39(d).

Gandhian Principles

• Article 40: Establish village panchayats (made law by the 73^rd Amendment Act, 1992).
• Article 43: Promote cottage industries in rural areas.
• Article 45: Provide free and compulsory education for children up to 14 years.
• Article 46: Protect weaker sections, especially Scheduled Castes and Scheduled Tribes, from social injustice.
• Article 47: Prohibit intoxicating drinks and improve people’s standard of living.
• Article 48: Organize agriculture and animal husbandry on modern scientific lines and ban the slaughter of cows and calves.

Directive Principles Related to the Protection of Monuments and Environment

• Article 48: Protect and improve the environment by safeguarding forests and wildlife.
• Article 49: Protect monuments of national importance from destruction, disfigurement, or disposal.

Example: The government’s efforts to preserve historical sites like the Taj Mahal align with Article 49, ensuring they remain intact for future generations.

Law, Justice and Administration

• Article 39A: Ensure the legal system promotes justice without discrimination.
• Article 44: Work toward a uniform civil code for all citizens.
• Article 50: Separate the judiciary from the executive in public services.

Principles for Maintaining International Peace and Security

Article 51:

• Promote international peace and security.
• Maintain just and honorable relations between nations.
• Settle international disputes through arbitration.

Welfare State

• Aims to ensure maximum happiness for people in the country.
• The Constitution seeks to make India a welfare state by establishing social, economic, and political equality.

Social Equality and Justice

• Right to Education Act: Makes free and compulsory education mandatory for children up to 14 years.
• Reserves 25% of seats in educational institutions for economically weaker sections.
• Special scholarships for students from economically weaker sections.
• Five-Year Plans focus on uplifting the poor sections of society.
• Untouchability abolished and made a punishable offense.

Example: The Right to Education Act ensures that a child from a poor family can attend school free of cost, promoting social equality (Article 45).

Economic Welfare

• Abolition of the zamindari system.
• Nationalization of banks and key industries to ensure fair distribution of resources.
• Minimum Wages Act to provide fair payments to workers.
• Rural development programs like the Integrated Rural Development Programme (IRDP) and Rural Landless Employment Guarantee Programme (RLEGP).
• Mahatma Gandhi National Rural Employment Guarantee Act, 2005, provides 100 days of guaranteed wage employment to rural households.

Political, Administrative and Legal Matters

• Panchayati Raj established to promote local self-government.
• Free legal aid provided for those who cannot afford lawyers.
• Judiciary kept independent from the executive to prevent misuse of power.

Foreign Policy

• India opposes colonialism and racialism, supporting causes like South Africa’s fight against apartheid.
• Respects international law and settles disputes through peaceful arbitration.
• Believes in complete disarmament.

Importance of Directive Principles

• Provide a framework for creating a welfare state.
• Guide the government in making laws and drafting bills as per constitutional objectives.
• Educate people about what to expect from politicians.
• Guide courts to safeguard citizens’ rights.
• The 42^nd Amendment Act, 1976, ensures laws made to implement directive principles cannot be declared unconstitutional even if they affect rights under Articles 14, 19, and 31.

Limitations of Directive Principles

• Not enforceable by law; citizens cannot approach courts if not implemented.
• Lack of adequate resources to implement all principles.
• Vague in nature as they are not clearly defined.
• No specific time limit for their implementation.

Differences between Fundamental Rights and Directive Principles

Fundamental Rights:

• Listed in Part III of the Constitution.
• Justiciable; citizens can approach courts if rights are violated.
• Privileges enjoyed by citizens.
• Aim to establish political and social democracy.

Directive Principles:

• Listed in Part IV of the Constitution.
• Not enforceable; citizens cannot approach courts if not implemented.
• Guidelines for the government to create privileges for citizens.
• Aim to establish a welfare state.