The Preamble of the Constitution of India — India's fundamental and supreme law

The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State^° to its citizens and the duties of the citizens to the State. These sections comprise a constitutional bill of rights and guidelines for government policy-making and the behaviour and conduct of citizens. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India. Image File history File links Download high resolution version (485x640, 70 KB) Summary The Indian Constitution preamble Source: http://www. ... Image File history File links Download high resolution version (485x640, 70 KB) Summary The Indian Constitution preamble Source: http://www. ... This article or section does not cite any references or sources. ... This article or section does not cite any references or sources. ... A bill of rights is a list or summary of which is considered important and essential by a group of people. ... The Constituent Assembly of India was elected to write the Constitution of India, and served as its first Parliament as an independent nation. ...

The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions. The Fundamental Rights in India enshrined in the Part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... Caste systems are traditional, hereditary systems of social stratification, enforced by law or common practice, based on classifications such as occupation, race, ethnicity, etc. ...

The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions—set out in Part IV of the Constitution—are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing and passing laws. Fundamental Rights are certain basic human rights which every citizen of India has the right to enjoy for a proper and harmonious development of their personality. ...

The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties—set out in Part IV–A of the constitution—concern individuals and the nation. Like the Directive Principles, they are not legally enforceable.

History

Main articles: Indian independence movement and Constitution of India

B. R. Ambedkar: The chairman of the constitution drafting committee

The development of constitutional rights in India was inspired by historical documents such as England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man.^[1] The Indian independence movement incorporated the efforts by Indians to liberate the region from British rule and form the nation-state of India. ... This article or section does not cite any references or sources. ... Image File history File links Download high-resolution version (462x604, 42 KB) Image taken from Portrait section of http://www. ... Image File history File links Download high-resolution version (462x604, 42 KB) Image taken from Portrait section of http://www. ... Bhimrao Ramji Ambedkar (Marathi: बाबासाहेब भीमराव रामजी आंबेडकर) (April 14, 1891 — December 6, 1956) was a Buddhist revivalist, Indian jurist, scholar and Bahujan political leader who is the chief architect of the Indian constitution. ... The Bill of Rights 1689 is an Act of the Parliament of England (1 Will. ... Image of the United States Bill of Rights from the U.S. National Archives and Records Administration The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... Declaration of the Rights of Man and of the Citizen: Revolutionary patriotism borrows familiar iconography of the Ten Commandments Wikisource has original text related to this article: Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (French: La...

In 1928, an All Parties Conference of representatives from Indian political parties proposed constitutional reforms for India. This 11-member committee, led by Motilal Nehru, had been called into existence as a formal instrument to complement the widespread civil disobedience campaigns of the 1920s. These mass campaigns had originally been a response to the Rowlatt Acts, which in 1919 had given the British colonial government the powers of arrest and detention, conduction of searches and seizures without warrants, restriction of public gatherings and censorship of the press. Demanding dominion status and elections under universal suffrage, the committee called for guarantees of rights deemed fundamental, representation for religious and ethnic minorities and limitations on government powers. The Nehru Report (1928) was a memorandum outlining a proposed new Dominion (see dominion status) constitution for India. ... The family of Motilal Nehru, who is seated in the centre. ... ... The Rowlatt Act was passed in 1919 and basically authorised the government to imprison any person living in the Raj without trial on suspicion of being a terrorist. ... A dominion, often Dominion, is the territory or the authority of a dominus (a lord or master). ...

In 1931, the Indian National Congress, at its Karachi session, adopted resolutions defining, as well as committing itself to the defence of fundamental civil rights, including socio-economic rights such as minimum wage, the abolition of untouchability and serfdom.^[2][3] Committing themselves to socialism in 1936, the leaders of the Congress party took examples from the Soviet constitution, which inspired the fundamental duties of citizens as a means of collective, patriotic responsibility. Indian National Congress (also known as the Congress Party and abbreviated INC) is a major political party in India. ... Karachi (Urdu: كراچى, Sindhi: ڪراچي) is the capital of the province of Sindh, and the most populated city in Pakistan. ... The minimum wage is the minimum rate a worker can legally be paid (usually per hour) as opposed to wages that are determined by the forces of supply and demand in a free market. ... In South Asias caste system, an untouchable, dalit, or achuta is a person outside of the four castes, and considered below them. ... Costumes of slaves or serfs, from the sixth to the twelfth centuries, collected by H. de Vielcastel from original documents in European libraries. ... Socialism refers to a broad array of doctrines or political movements that envisage a socio-economic system in which property and the distribution of wealth are subject to control by the community. ... The Soviet Union was governed by three versions of its Constitution, following the 1918 Soviet Constitution which established the Russian Socialist Federative Soviet Republic, the immediate predecessor of the Union of Soviet Socialist Republics. ...

The task of developing a constitution for an independent India was undertaken by the Constituent Assembly of India, which composed of elected representatives under the presidency of Rajendra Prasad. The assembly appointed a constitution drafting committee headed by Bhimrao Ramji Ambedkar. The process was influenced by the adoption of the Universal Declaration of Human Rights by the U.N. General Assembly on 10 December 1948. The declaration called upon all member States to adopt these rights in their constitutions. The Fundamental Rights and Directive Principles were included in the final draft of the constitution promulgated on 26 November 1949, while the Fundamental Duties were later added to the constitution by the 42nd Amendment Act in 1976.^[4] Changes in Fundamental Rights, Directive Principles and Fundamental Duties require a constitutional amendment, that must be passed by a two-thirds majority in both houses of Parliament. Dr. Rajendra Prasad (Hindi: डाक्टर राजेन्द्र प्रसाद) (December 3, 1884 – February 28, 1963) was the first President of India. ... This article or section does not cite any references or sources. ... Bhimrao Ramji Ambedkar (April 14, 1891 or 1892 - December 6, 1956) was the most prominent Indian Untouchable leader of the 20th century. ... Bold text Eleanor Roosevelt with the Spanish version of the Universal Declaration of Human Rights. ... United Nations General Assembly The United Nations General Assembly is one of the six principal organs of the United Nations. ... December 10 is the 344th day (345th in leap years) of the year in the Gregorian calendar, 21 days before the next year. ... 1948 (MCMXLVIII) was a leap year starting on Thursday (the link is to a full 1948 calendar). ... November 26 is the 330th day (331st in leap years) of the year in the Gregorian calendar. ... 1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ... This article or section does not cite any references or sources. ... This article or section does not cite any references or sources. ... Sansad Bhavan, The Parliament of India The Parliament of India (or Sansad) is bicameral. ...

Fundamental Rights

Main article: Fundamental Rights in India

Jawaharlal Nehru signing the Constitution of India on January 24, 1950

The Fundamental Rights — embodied in Part III of the constitution — guarantee civil liberties such that all Indians can lead their lives in peace as citizens of India. The six fundamental rights are right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to constitutional remedies.^[5] The Fundamental Rights in India enshrined in the Part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. ... Image File history File links Nehru_signing_Indian_Constitution. ... Image File history File links Nehru_signing_Indian_Constitution. ... Jawaharlal Nehru (Hindi: , IPA: , from Persian Javâher-e Laal, meaning Red Jewel) (November 14, 1889 – May 27, 1964) was a political leader of the Indian National Congress, was a pivotal figure during the Indian independence movement and served as the first Prime Minister of the Republic of India. ... This article or section does not cite any references or sources. ... January 24 is the 24th day of the year in the Gregorian calendar. ... 1950 (MCML) was a common year starting on Sunday. ...

These include individual rights common to most liberal democracies, incorporated in the fundamental law of the land and are enforceable in a court of law. Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. These rights are neither absolute nor immune from constitutional amendments. They have been aimed at overturning the inequalities of pre-independence social practises. Specifically, they resulted in abolishment of untouchability and prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They forbid human trafficking and unfree labour. They protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and administer their own educational institutions. Liberal democracy is a form of government. ... Indian Penal Code (IPC) provides a penal code for all of India excluding Jammu and Kashmir. ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... Trafficking in human beings (or human trafficking) involves the movement of people (mostly women and children) against their will by means of force for the purpose of sexual or labor exploitation. ... Unfree labour is a generic or collective term for those work relations, especially in modern or early modern history, in which people are employed against their will by the threat of destitution, detention, violence (including death), or other extreme hardship to themselves, or to members of their families. ... In sociology and in voting theory, a minority is a sub-group that is outnumbered by persons who do not belong to it. ...

All people, irrespective of race, religion, caste or sex, have the right to approach the High Courts or the Supreme Court for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. In public interest, anyone can initiate litigation in the court on their behalf. This is known as "Public interest litigation".^[6] High Court and Supreme Court judges can also act on their own on the basis of media reports. This article needs to be cleaned up to conform to a higher standard of quality. ... The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ... Public interest litigation means litigation for the protection of public interest. ...

The Fundamental Rights emphasise equality by guaranteeing to all citizens the access and use of public institutions and protections, irrespective of their background. The rights to life and personal liberty apply for persons of any nationality, while others, such as the freedom of speech and expression are applicable only to the citizens of India (including non-resident Indian citizens).^[7] The right to equality in matters of public employment cannot be conferred to overseas citizens of India.^[8] A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ... A civet, or sea fox, photographed in the Zigong Peoples Zoo, Sichuan, 2001. ... Manifestations Slavery · Racial profiling · Lynching Hate speech · Hate crime · Hate groups Genocide · Holocaust · Pogrom Ethnocide · Ethnic cleansing · Race war Religious persecution · Gay bashing Movements Discriminatory Aryanism · Neo-Nazism · Supremacism Fundamentalism · Kahanism Anti-discriminatory Abolitionism · Civil rights · Gay rights Womens/Universal suffrage · Mens rights Childrens rights · Youth rights... Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ... The term collective rights refers to the rights of peoples to be protected from attacks on their group identity and group interests. ... Group rights are rights that all members of a group have by virtue of being in that group. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... The term inalienable rights (or unalienable rights) refers to a set of human rights that are in some sense fundamental, are not awarded by human power, and cannot be surrendered. ... The examples and perspective in this article or section may not represent a worldwide view. ... In modern English and European systems of jurisprudence and law, a right is the legal or moral entitlement to do or refrain from doing something or to obtain or refrain from obtaining an action, thing or recognition in civil society. ... Mens rights is a stream in the mens movement. ... Natural rights is a philosophical hition of universal rights that are seen as inherent in the nature of people and not contingent on human actions or beliefs. ... Within the philosophy of human rights, some philosophers and political scientists see a distinction between positive and negative rights. ... Social rights refer to what are usually positive rights, which ensure to all people a fair standard of treatment. ... The division of human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg. ... The term women’s rights typically refers to freedoms inherently possessed by women and girls of all ages, which may be institutionalized or ignored and/or illegitimately suppressed by law or custom in a particular society. ... Labor rights or workers rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. ... Manifestations Slavery · Racial profiling · Lynching Hate speech · Hate crime · Hate groups Genocide · Holocaust · Pogrom Ethnocide · Ethnic cleansing · Race war Religious persecution · Gay bashing Pedophobia · Ephebiphobia Movements Discriminatory Aryanism · Neo-Nazism · Supremacism Kahanism Anti-discriminatory Abolitionism · Civil rights · Gay rights Womens/Universal suffrage · Mens rights Childrens rights · Youth... Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. ... A non-resident Indian (NRI) is an Indian citizen who has migrated to another country. ... Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. ...

Fundamental Rights primarily protect individuals from any arbitrary State actions, but some rights are enforceable against private individuals too.^[9] For instance, the constitution abolishes untouchability and prohibits begar. These provisions act as a check both on State action and actions of private individuals. Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the protection of national interest. In the Kesavananda Bharati vs. state of Kerala case, the Supreme Court ruled that all provisions of the constitution, including Fundamental Rights can be amended.^[10] However, the Parliament cannot alter the basic structure of the constitution, like secularism and democracy. Often called the "Basic structure doctrine", this decision is widely regarded as an important part of Indian history. In the 1978 Maneka Gandhi v. Union of India case, the Supreme Court extended the doctrine's importance as superior to any parliamentary legislation.^[11] According to the verdict, no act of parliament can be considered a law if it violated the basic structure of the constitution. This landmark guarantee of Fundamental Rights was regarded as a unique example of judicial independence in preserving the sanctity of Fundamental Rights.^[11] Unfree labour is a generic or collective term for those work relations, especially in modern or early modern history, in which people are employed against their will by the threat of destitution, detention, violence (including death), or other extreme hardship to themselves, or to members of their families. ... The Basic Structure doctrine is the judge-made doctrine whereby certain features of the Constitution of India are beyond the limit of the powers of amendment the Parliament of India. ... Maneka Gandhi (born 26 August 1956) is an Indian politician, an ardent animal rights activist, and a former journalist. ...

The Fundamental Rights can only be altered by a constitutional amendment, hence their inclusion is a check not only on the executive branch, but also on the Parliament and state legislatures.^[12] The imposition of a state of emergency may lead to a temporary suspension of the rights conferred by Article 19 (including freedoms of speech, assembly and movement, etc.) to preserve national security and public order. The President can, by order, suspend the right to constitutional remedies as well. A state of emergency in India refers to a period of governance under an altered constitutional setup that can be proclaimed by the President of India, when he/she perceives grave threats to the nation from internal and external sources or from financial situations of crisis. ...

Huge rallies like this one in Kolkata are commonplace in India.

Image File history File linksMetadata Download high-resolution version (960x1280, 197 KB) DYFI rally in Kolkata, India. ... Image File history File linksMetadata Download high-resolution version (960x1280, 197 KB) DYFI rally in Kolkata, India. ... ,   (IPA: [] Bengali: কলকাতা) (formerly, in English contexts,  ) is the capital of the Indian state of West Bengal. ...

Personal rights

The right to equality is one of the chief guarantees given in Articles 14, 15, 16, 17 and 18 of the constitution. It is the principal foundation of all other rights, guaranteeing equality of all citizens before law, social equality, equal access to public areas, equality in matters of public employment, the abolition of untouchability and of titles.^[13] However, reservations (i.e, quotas in jobs, education, etc.) can be made for women, children, scheduled castes and scheduled tribes. In South Asias caste system, an untouchable, dalit, or achuta is a person outside of the four castes, and considered below them. ... Tribal peoples in India comprise a substantial minority of the population of India. ...

The State cannot discriminate against anyone in the matters of employment except for the implementation of any mandated quotas, though exceptions can be made where specific knowledge is required. To preserve religious freedom, the holder of an office of any religious institution should be a person professing that particular religion.^[14] The right to equality in matters regarding public employment is not conferred to overseas citizens of India.^[8] The practise of untouchability has been declared an offence punishable by law. The State cannot confer any titles and the citizens of India cannot accept titles from a foreign State. Indian aristocratic titles such as Rai Bahadurs and Khan Bahadurs have been abolished. However, military and academic distinctions can be conferred on the citizens of India. Awards such as the Bharat Ratna "cannot be used by the recipient as a title."^[15] A ruling by the Supreme Court on 15 December 1995 upheld the validity of such awards. Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. ... Bharat Ratna is Indias highest civilian award, awarded for the highest degrees of national service. ... December 15 is the 349th day of the year (350th in leap years) in the Gregorian calendar. ... 1995 (MCMXCV) was a common year starting on Sunday of the Gregorian calendar. ...

A statue of the legendary king Manuneedhi Cholan, who stood for fairness and justice, inside the Madras High Court campus.

The Right to freedom is stated in Articles 19, 20, 21 and 22 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom encompasses the freedom of expression, the freedom to assemble peacefully without arms, the freedom to form associations and unions, the freedom to move freely and settle in any part of the territory of India and the freedom to practise any profession.^[16] Restrictions can be imposed on all these rights in the interest of security, decency and morality. The constitution guarantees the right to life and personal liberty. Protection with respect to conviction for offences, protection of life and personal liberty and the rights of a person arrested under ordinary circumstances^[17] are laid down in the right to life and personal liberty. Image File history File links MadrasHighCourtManuNeedhiCholanStatue. ... Image File history File links MadrasHighCourtManuNeedhiCholanStatue. ... Statue of Manu Needhi Cholan in the premises of Madras High Court in Chennai Manuneedhi Cholan or Manu Needhi Cholan was a legendary Chola king believed to have killed his own son to provide justice to a cow. ... The Madras High Court, one of the landmarks of the metropolis of Chennai, and believed to be the second largest judicial complex in the world, is located near the Parrys Corner, one of the important central business districts of Chennai. ... Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ... Group of women holding placards with political activist slogans: know your courts - study your politicians, Liberty in law, Law makers must not be law breakers, and character in candidates photo 1920 Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one...

The Right to freedom of religion'—covered in Articles 25, 26, 27 and 28—provides religious freedom to all citizens and preserves the principle of secularism in India. According to the constitution, all religions are equal before the State. Citizens are free to preach, practise and propagate any religion of their choice.^[18] Several distinct and often controversial practises, such as the wearing and carrying of kirpans is included in the profession of Sikhism and protected under law.^[18] Religious communities can set up charitable institutions of their own, subject to certain restrictions in the interest of public order, morality and health. No person can be compelled to pay taxes for the promotion of a religion and a State-run institution cannot impart education that is associated with a particular religion. Freedom of religion is the individuals right or freedom to hold whatever religious beliefs he or she wishes, or none at all. ... Typical Kirpan worn by modern Sikhs The Kirpan (Punjabi: ) is a ceremonial sword or dagger worn by all baptised Sikhs. ... Sikhism (IPA: or ; Punjabi: , , IPA: ) is a religion that began in fifteenth century Northern India with the teachings of Nanak and nine successive human gurus. ...

Economic and social rights

The cultural and educational rights—given in Articles 29 and 30—are measures to protect the rights of ethnic and religious minorities. Any community that has a language and a script of its own has the right to conserve and develop them.^[19] No citizen can be discriminated against for admission in State or State-aided institutions.^[19] All religious and ethno-linguistic communities can set up their own educational institutions in order to preserve and develop their own culture.^[20] In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution.^[20] The right to education at elementary level has been made one of the Fundamental Rights under right to life and personal liberty by the 86th constitutional amendment of 2002.^[21] The Fundamental Rights in India enshrined in the Part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. ...

Child labor and Begar is prohibited under Right against exploitation.

The Right against exploitation, given in Articles 23 and 24 provides for the abolition of human trafficking,^[22] and the abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines.^[23] Child labour is considered a violation of the spirit and provisions of the constitution. Begar (forced and unfree labour), practised in the past by landlords, has been declared a crime punishable by law. Trafficking in humans for the purpose of slave trade or prostitution is prohibited by law. An exception is made in employment without payment for services for public purposes, such as compulsory military conscription.^[22] Download high resolution version (1013x800, 417 KB) Rose Biodo, 1216 Annan St. ... Download high resolution version (1013x800, 417 KB) Rose Biodo, 1216 Annan St. ... Child laborers coming out of a dye factory, Dhaka, Bangladesh Child labor (or child labour) is the employment of children under an age determined by law or custom. ... Unfree labour is a generic or collective term for those work relations, especially in modern or early modern history, in which people are employed against their will by the threat of destitution, detention, violence (including death), or other extreme hardship to themselves, or to members of their families. ...

The Right to constitutional remedies empowers the citizens to approach a court of law to appeal against denial of the Fundamental Rights. For instance, in case of imprisonment, the person can ask the court to see if it is in accordance with the provisions of the law of the country. If the court finds that it is not, the person will be released from custody. This procedure of asking the courts to preserve or safeguard the citizens' Fundamental Rights can be done in various ways. The courts can issue writs, namely habeas corpus, mandamus, prohibition, quo warranto and certiorari.^[24] When a national or state emergency is declared, this right is suspended by the central government. A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... In law, a writ is a formal written order issued by a government entity in the name of the sovereign power. ... In common law, habeas corpus (/heɪbiəs kɔɹpəs/) (Latin: [We command that] you have the body) is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ... A writ of mandamus or simply mandamus, which means we order in Latin, is the name of one of the prerogative writs and is a court order directing someone, most frequently a government official, to perform a specified act. ... Quo warranto (Medieval Latin for by what warrant?) is one of the prerogative writs, the one that requires the person to whom it is directed to show what authority he has for exercising some right or power (or franchise) he claims to hold. ... Certiorari (pronunciation: sər-sh(ē-)ə-ˈrer-ē, -ˈrär-ē, -ˈra-rē) is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ...

The Right to property was a former Fundamental Right under Article 32 before it was revoked by the 44th Amendment Act of 1978.^[25] A new article, Article 300-A,^[26] was added to the constitution which provided that no person shall be deprived of his property, except by the authority of law. If a legislature makes a law depriving a person of his property, there would be no obligation on the part of the State to pay any compensation. The aggrieved person will have no right to move the court under Article 32. The right to property is no longer a fundamental right, though it is still a constitutional right. If the government appears to have acted unfairly, the action can be challenged in a court of law.^[27]

Directive Principles of State Policy

Main article: Directive Principles in India

Gandhian philosophy, originally propounded by Mahatma Gandhi has greatly influenced the Directive Principles.

The Directive Principles of State Policy, embodied in Part IV of the constitution, are directions given to the central and state governments to guide the establishment of a just society in the country. According to the constitution, the government should keep them in mind while framing laws, even though they are non-justiciable in nature. Directive Principles are classified under the following categories: Gandhian, social, economic, political, administrative, legal, environmental, protection of monuments, peace and security.^[28] The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. ... Image File history File links Download high resolution version (300x710, 53 KB) Please see the file description page for further information. ... Image File history File links Download high resolution version (300x710, 53 KB) Please see the file description page for further information. ... Gandhism (or Gandhi-ism) is an informal reference to the vision, core inspirations, principles, beliefs and philosophy of Mohandas Karamchand Gandhi, who was a major political and spiritual leader of India and the Indian Independence Movement. ... Mohandas Karamchand Gandhi (Gujarati: , Hindi: , IAST: mohandās karamcand gāndhī, IPA: ) (October 2, 1869 – January 30, 1948), was a major political and spiritual leader of India and the Indian independence movement. ... Justiciability is a term used in civil procedure to describe whether a dispute is capable of being settled by a court of law. ... Gandhism (or Gandhi-ism) is an informal reference to the vision, core inspirations, principles, beliefs and philosophy of Mohandas Karamchand Gandhi, who was a major political and spiritual leader of India and the Indian Independence Movement. ...

The Directive Principles act as a check on the government; theorised as a yardstick in the hands of the people to measure the performance of the government. Article 31-C,^[29] added by the 25th Amendment Act of 1971, seeks to upgrade the Directive Principles.^[30] If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights. In case of a conflict between Fundamental Rights and Directive Principles, if the latter aim at promoting larger interest of the society, the courts will have to uphold the case in favour of Directive Principles.^[29]

The Directive Principles commit the State to promote the welfare of the people by affirming social, economic and political justice, as well as to fight economic inequality.^[31] The State must continually work towards providing an adequate means of livelihood for all citizens, equal pay for equal work for men and women, proper working conditions, protection against exploitation and reduce the concentration of wealth and means of production from the hands of a few.^[32] The State must provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen for reason of economic or other disabilities.^[33] The State should work for organisation of village panchayats, provide the right to work, education and public assistance in certain cases;^[34] as well as the provision of just and humane conditions of work and maternity relief.^[35] A living wage and safe working conditions for citizens must be ensured, as must their participation in the management of industries. The State is encouraged to secure a uniform civil code for all citizens,^[36] provide free and compulsory education to children,^[37] and to work for the economic uplift of scheduled castes, scheduled tribes and other backward classes. Differences in national income equality around the world as measured by the national Gini coefficient. ... Most liberal democracies consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation. ... // The Panchayat (पंचायत in Devanagiri) is an Indian political system that groups five villages in a quincunx (four peripheral villages around a central one were laid out as the 5 side of a die). ... ... This article or section is not written in the formal tone expected of an encyclopedia article. ... Scheduled Castes and Scheduled Tribes are communities that are accorded special status by the Constitution of India. ... Ādivāsīs (आदिवासी) or tribal peoples comprise a substantial minority of the population of India. ... The Other Backward Classes (or OBCs) in India are a group of castes officially recognized as being traditionally subject to exclusion, while still having a higher status than scheduled castes or scheduled tribes. ...

The Directive Principles commit the State to raise the standard of living and improve public health,^[38] and organise agriculture and animal husbandry on modern and scientific lines. The State must safeguard the environment and wildlife of the country.^[39] The State must ensure the preservation of monuments and objects of national importance and separation of judiciary from executive in public services^[40] The State must also strive for the maintenance of international peace.^[41]

The Directive Principles have been amended to meet definite objectives. Article 45, which ensures Provision for free and compulsory education for children,^[37] was added by the 86th Amendment Act, 2002.^[21] Article 48-A, which ensures Protection of the environment and wildlife,^[39] was added by the 42nd Amendment Act, 1976.^[4] This article or section does not cite any references or sources. ... This article or section does not cite any references or sources. ...

Fundamental Duties

The Fundamental Duties of citizens were added by the 42nd Amendment Act in 1976.^[4] The ten Fundamental Duties—given in Article 51-A of the constitution—can be classified as either duties towards self, duties concerning the environment, duties towards the State and duties towards the nation.^[42] The 11th Fundamental Duty, which states that every citizen "who is a parent or guardian, to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years" was added by the 86th constitutional amendment in 2002.^[21]

Citizens are morally obligated by the constitution to perform these duties. However, these are non-justiciable, incorporated only with the purpose of promoting patriotism among citizens. These obligations extend not only to the citizens, but also to the State.^[43][44] There is reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights. The Fundamental Duties obligate all citizens to respect the national symbols of India (including the constitution), to cherish its heritage and assist in its defence. It aims to promote the equality of all individuals, protect the environment and public property, to develop "scientific temper", to abjure violence, to strive towards excellence and to provide free and compulsory education.^[45] The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976. ... The archaeological record in India (encompassing the territory of the modern nations of the Republic of India, Pakistan and Bangladesh) shows first traces of Homo sapiens from ca. ...

Criticism and analysis

Any act of disrespect towards the Indian National Flag is illegal.

The Fundamental Rights have been criticised as inadequate in providing freedom and opportunity for all Indians. Many political groups have demanded that the right to work, the right to economic assistance in case of unemployment and similar socio-economic rights be enshrined as constitutional guarantees,^[27] that are presently listed in the directive principles of state policy.^[46] The right to freedom contains a number of limiting clauses and has been criticised for failing to check government powers^[27] such as provisions of preventive detention and suspension of fundamental rights in times of emergency. The phrases "security of State", "public order" and "morality" are unclear, having wide implication. The meaning of phrases like "reasonable restrictions" and "the interest of public order" have not been explicitly stated in the constitution, leading to frequent litigations.^[27] The Maintenance of Internal Security Act (1975) was strongly criticised for giving then-Prime Minister Indira Gandhi the authority to arrest opposition leaders following the declaration of emergency in 1975. The Prevention of Terrorism Act (2002), now repealed,^[47] has been criticised as unfairly targeting the Muslim community.^[27] Initially, the Supreme Court provided extensive power to the State in its verdict to the A. K. Gopalan vs. state of Madras case in 1950. The Court held that howsoever unreasonable, a law was valid if made by a legislature competent to enact it.^[11] If Parliament validly enacted a law permitting the State to kill without any judicial process, this would amount to "procedure established by law" and such killings would not violate the guarantee contained in Article 21.2. This interpretation was abandoned in a series of decisions starting from the 1970s and culminating in the judgement in 1978 Maneka Gandhi v. Union of India, which issued the basic structure doctrine.^[11] In D. K. Basu vs. state of West Bengal the Supreme Court ruled that the limiting clauses of the constitution as well as international human rights instruments do not come in the way of the Court’s awarding of compensation in the cases of illegal arrest or detention, protecting the rights of citizens in spite of prevailing circumstances.^[48] The freedom to assemble peaceably and without arms is allowed, but in many cases, these meetings are broken up by the police if they become disruptive.^[49][50] Image File history File links Flag_of_India. ... Image File history File links Flag_of_India. ... Indian National Flag Flag ratio: 2:3 The National Flag of India was adopted in its present form during an ad hoc meeting of the Constituent Assembly held on the 22 July 1947, a few days before Indias independence from the British on the 15 August, 1947. ... ... The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. ... A state of emergency in India refers to a period of governance under an altered constitutional setup that can be proclaimed by the President of India, when he/she perceives grave threats to the nation from internal and external sources or from financial situations of crisis. ... The Maintenance of Internal Security Act was a controversial law passed by the Indian parliament in 1973 giving the administration of Prime Minister Indira Gandhi and Indian law enforcement agencies special powers and authority - indefinite preventive detention of indviduals, search and seizure of property without warrants, telephone and wiretapping - in... This article or section does not cite any references or sources. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Prevention of Terrorism Act could refer to two different sets of Acts of Parliament in the United Kingdom the Prevention of Terrorism Acts passed between 1974 and 1989 to deal with Northern Ireland terrorism the Prevention of Terrorism Act 2005 It also could refer to the Prevention of Terrorism Act... There is also a collection of Hadith called Sahih Muslim A Muslim (Arabic: مسلم, Persian: Mosalman or Mosalmon Urdu: مسلمان, Turkish: Müslüman, Albanian: Mysliman, Bosnian: Musliman) is an adherent of the religion of Islam. ... West Bengal   (Bengali: পশ্চিমবঙ্গ, Poshchimbôŋgo) is a state in eastern India. ...

Freedom of press, meant to guarantee freedom of expression, has not been included in the constitution.^[27] Employment of child labour in hazardous environments has been reduced, but their employment in non-hazardous jobs, including their prevalent employment as domestic help violates the spirit of the constitution in the eyes of many critics and human rights advocates, as more than 16.5 million children are being used as labour.^[51] India was ranked 88 out of 159 countries in 2005, according to the degree to which corruption is perceived to exist among public officials and politicians.^[52] Freedom of the press (or press freedom) is the guarantee by a government of free public speech often through a state constitution for its citizens, and associations of individuals extended to members of news gathering organizations, and their published reporting. ... Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ...

Efforts to implement the Directive Principles include the Programme for the Universalisation of Elementary Education and the Five-Year Plans have accorded the highest priority in order to provide free education to all children up to the age of 14. The 86th constitutional amendment of 2002 created Article 21-A, that seeks to provide free and compulsory education to all children aged 6 to 14 years.^[21] The State runs welfare programmes such as boys' and girls' hostels for scheduled castes and scheduled tribes' students.^[53] The year 1990-1991 was declared as the "Year of Social Justice" in the memory of B.R. Ambedkar.^[54] The government provides free textbooks to students belonging to scheduled castes and tribes pursuing medicine and engineering courses. During 2002-2003, a sum of Rs. 4.77 crore (47.7 million) was released for this purpose.^[55] In order to protect scheduled castes and tribes from discrimination, the government enacted the Prevention of Atrocities Act in 1995, prescribing severe punishments for such actions.^[56] The Programme for the Universalisation of Elementary Education is an effort by the Government of India to make primary education universal across every region of India. ... Indian Economy is based on the concept of planning. ... It has been suggested that History of the rupee be merged into this article or section. ...

Land reform legislations have been enacted several times to provide ownership rights to poor farmers.^[57] Up to September 2001, more than 20 million acres (81,000 km²) of land had been distributed to scheduled castes, scheduled tribes and the landless poor. A core objective of the banking policy is to improve banking facilities in the rural areas.^[58] The Minimum Wages Act of 1948 empowers government to fix minimum wages for people working across the economic spectrum.^[59] The Equal Remuneration Act of 1976 provides for equal pay for equal work for both men and women.^[60] The Sampoorna Grameen Rozgar Yojana (Universal Rural Employment Programme) was launched in 2001 to attain the objective of providing gainful employment for the rural poor. The programme was implemented through the Panchayati Raj institutions.^[61] The minimum wage is the minimum rate a worker can legally be paid (usually per hour) as opposed to wages that are determined by the forces of supply and demand in a free market. ... The Sampoorna Grameen Rozgar Yojana (Universal Rural Employment Programme) was launched in 2001 by the Government of India to attain the objective of providing gainful employment for the rural poor. ... // The Panchayat (पंचायत in Devanagiri) is an Indian political system that groups five villages in a quincunx (four peripheral villages around a central one were laid out as the 5 side of a die). ...

A system of elected village councils, known as Panchayati Raj covers almost all states and territories of India.^[62] One-third of the total number of seats have been reserved for women in Panchayats at every level; and in the case of Bihar, half the seats have been reserved for women.^{[63] [64]} Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused does not have the means to engage a lawyer.^[33] The judiciary has been separated from the executive "in all the states and territories except Jammu and Kashmir and Nagaland."^[40][55] India's foreign policy has been influenced by the Directive Principles. India supported the United Nations in peace-keeping activities, with the Indian Army having participated in 37 UN peace-keeping operations.^[65] // The Panchayat (पंचायत in Devanagiri) is an Indian political system that groups five villages in a quincunx (four peripheral villages around a central one were laid out as the 5 side of a die). ... India is subdivided into twenty-eight states and seven union territories; the states and territories are themselves further subdivided. ... , Bihar (Hindi: बिहार, Urdu: بہار, IPA: ,  ) is a state of the Indian union situated in the eastern part of the country. ... , Jammu and Kashmir   (IPA: , Kashmiri:ज्वम त॒ कॅशीर جۄم تٕہ کٔشِیر, Urdu:جموں Ùˆ کشمیر) (often abbreviated as Kashmir), is the northern-most state of India, lying mostly in the Himalayan mountains. ... Nagaland (Hindi: नागालैंड)   Nagaland is a vibrant hill state located in the far northeastern part of India. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... The Indian Army is the largest branch of the Armed Forces of India and has the primary responsibility of conducting land-based military operations. ...

The implementation of a uniform civil code for all citizens has not been achieved owing to widespread opposition from various religious groups and political parties. The Shah Bano case (1985-86) provoked a political firestorm in India when the Supreme Court ruled that Shah Bano, a Muslim woman who had been divorced by her husband in 1978 was entitled to receive alimony from her former husband under Indian law applicable for all Indian women. This decision evoked outrage in the Muslim community, which sought the application of the sharia and in response the Parliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 overturning the Supreme Court's verdict.^[66] This act provoked further outrage, as jurists, critics and politicians alleged that the fundamental right of equality for all citizens irrespective of religion or gender was being jettisoned to preserve the interests of distinct religious communities. The verdict and the legislation remain a source of heated debate, with many citing the issue as a prime example of the poor implementation of Fundamental Rights.^[66] This article or section is not written in the formal tone expected of an encyclopedia article. ... Political parties in India lists political parties in India. ... The Shah Bano case is infamous in India and has generated political controversy in the country; it is sometimes described as an example of appeasement of the vote bank for political gains. ... The Shah Bano case is infamous in India and has generated political controversy in the country; it is seen as an example of appeasement of the vote bank for political gains. ... In many countries alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support... Sharia (Arabic: transliteration: ) is the body of Islamic law. ...

The Fundamental Duties have been criticised for being ambiguously worded, with the real meaning of phrases like "scientific temper" and "spirit of enquiry and reform" being debated. As the duties cannot be enforced through courts, their relevance to practical affairs is questioned. However, actions damaging public property and showing disrespect to the National Flag are offences punishable by law. Similarly, people may be called upon to defend the country by compulsorily recruitment to the armed forces of the country through conscription.^[45] Indian National Flag Flag ratio: 2:3 The National Flag of India was adopted in its present form during an ad hoc meeting of the Constituent Assembly held on the 22 July 1947, a few days before Indias independence from the British on the 15 August, 1947. ...

See also

• Fundamental Rights in India
• Directive Principles in India
• Constitution of India
• Writs in Indian law
• Human rights in India

The Fundamental Rights in India enshrined in the Part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. ... The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. ... This article or section does not cite any references or sources. ... In law, a writ is a formal written order issued by a government entity in the name of the sovereign power. ... The situation of human rights in India is a complex one, as a result of the countrys large size and tremendous diversity, its status as a developing country, and its history as a former colonial territory. ...

Notes

India

This article is part of the series: Politics and government of India Image File history File links Emblem_of_India. ... Politics of India takes place in a framework of a federal parliamentary representative democratic republic, whereby the Prime Minister of India is the head of government, and of a pluriform multi-party system. ...

Union Government The Government of India (Hindi: भारत सरकार Bhārat Sarkār), officially referred to as the Union Government, and commonly as Central Government, was established by the Constitution of India, and is the governing authority of a federal union of 28 states and 7 union territories, collectively called the Republic of India. ...

Constitution Constitution of India Fundamental Rights, Directive Principles and Fundamental Duties

Executive This article or section does not cite any references or sources. ... Government Prime Minister Manmohan Singh Ministers

Legislative The Prime Minister of India is, in practice, the most powerful person in the government of India. ... Dr. Manmohan Singh Kohli (Punjabi: , Hindi: , literal translation: Charming) is the 17th and current Prime Minister of India. ... List of Indian ministers in the current government elected in 2004: Names in italics are women ministers. ... A legislature is a type of representative deliberative assembly with the power to adopt laws. ... Parliament President A. P. J. Abdul Kalam Vice-President Bhairon Singh Shekhawat Lok Sabha Speaker of Lok Sabha Somnath Chatterjee Rajya Sabha Chairman of Rajya Sabha

Elections in India Sansad Bhavan, The Parliament of India The Parliament of India (or Sansad) is bicameral. ... The President of India is the head of state and first citizen of India and the Supreme Commander of the Indian armed forces. ... Dr. Avul Pakir Jainulabdeen Abdul Kalam (Tamil: அ.ப.ஜ. அப்துல் கலாம்; Hindi: अवुल पकिर जैनुलाअबदीन अब्दुल कलाम; Urdu: ابو الفقیر زین العبدین عبدل کلام), born October 15, 1931, Tamil Nadu, India, usually referred to as Dr. A.P.J. Abdul Kalam, is the President of India. ... The Vice-President of India is the second-highest ranking government official in the executive branch of the Government of India after the President. ... Bhairon Singh Shekhawat (born October 23, 1923) is the Vice-President of India. ... Lok Sabha The Lok Sabha (House of the People) is the lower house in the Parliament of India. ... The Speaker of the Lok Sabha is the presiding officer of the lower house of parliament in India. ... Somnath Chatterjee (born July 25, 1929 in Tezpur, Assam) is a politician in India. ... Executive President Vice-President Prime Minister Dy. ... The Vice-President of India is the second-highest ranking government official in the executive branch of the Government of India after the President. ... Wikipedia does not yet have an article with this exact name. ... 2004 General election State Assembly elections Political parties

Judiciary This article or section does not adequately cite its references or sources. ... The State Assembly elections in India are the elections in which the Indian electorate choose the members of the Vidhan Sabha (or Legislative/State Assembly). ... Political parties in India lists political parties in India. ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... Supreme Court Chief Justice K. G. Balakrishnan High Courts District Courts

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Fundamental Rights
Directive Principles and
Fundamental Duties

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References