Constituent Assembly

- The idea of a constituent assembly was first proposed in 1934 by M.N. Roy.
- The demand was taken up by the Congress Party in 1935 as an official demand.
- There was a session held by the Indian National Congress presided by Pt. Jawahar Lal Nehru
in April 1935 at Lucknow. During this session, the members of Congress raised an official
demand for the Constituent Assembly. Although this demand was rejected.
* The British accepted this in the August Offer of 1940
* Under the Cabinet Mission plan of 1946, elections were held for the formation of the
constituent assembly
* Actual constituent assembly was formed in 1946 on the basis of the cabinet mission plan.
* The members of this assembly were elected indirectly, i.e., by the members of the provincial
assemblies by the method of a single transferable vote of proportional representation
* The constituent assembly was formed for the purpose of writing a constitution for independent
India

Composition of Constituent Assembly

* Initially, the number of members was 389.
* The elections that were assigned to the British Indian provinces for the 296 seats
* In this election, Congress won the majority of the seats: 208. On the other hand, Muslim
League had only won 73 seats. As they have lost in this election, the Muslim League refused to
work with Congress and the political situation got worse. The Hindu-Muslim riots began and the
Muslims demanded their own Constituent Assembly for Muslims.
* After partition, some of the members went to Pakistan and the number came down to 299. Out
of this, 229 were from the British provinces and 70 were nominated from the princely states.

- On 9 December 1946, the Constituent Assembly of India met for the first time. Later on, they
reassembled again on 14 August 1947 as a sovereign body.

- Dr. Sachchidananda Sinha was the first temporary chairman of the Constituent Assembly.
Later, Dr. Rajendra Prasad was elected as the President and its Vice President was Harendra
Coomar Mookerjee. BN Rau was the constitutional advisor.

- While Hindus (94.6%) dominated the Assembly, members from other major religious
communities also found a place in the Constituent Assembly. These included Christians,
Parsees, Sikhs and Muslims

After this reorganization, the total members of the Constituent Assembly were 299 and they
framed the Constitution of India. On 9 December 1946, these delegates sat for 2 years 11
months and 18 days to discuss what things and laws should be included in the Constitution.
Over these two years, the Constituent Assembly had 11 sessions. This committee was chaired
by B. R. Ambedkar.
DURATION
On 9 December 1946, the Constituent Assembly sat for the first time. In the span of 2 years and
11 months, it completed its task of framing the Indian Constitution. During this period the
Constituent Assembly had 11 sessions and sat for a total of 166 days.

PROCEDURE
A major chunk of deliberations of the Constituent Assembly was on the Draft Constitution(s)
prepared by the Drafting Committee. Members of the Constituent Assembly proposed
amendments which had to be submitted in advance to the Chairman, and these were debated
at length. At the end of a debate around an Article of the Draft Constitution, the Constituent
Assembly either adopted or rejected amendments. It took decisions through a majority vote.

SUMMARY OF WORK
The Assembly adopted the Constitution of India, 1950 after 166 days of deliberation over the
course of 2 years and 11 months. The drafting of the Indian Constitution took place at two
levels: committees and plenary. The committees comprised of smaller groups of Assembly
members tasked to prepare draft articles, reports and notes, on specific parts of the
Constitution. At the plenary level, the Assembly sat in full strength and discussed the reports of
various committees. Amendments were moved, debated, dropped and adopted.

Functions of the Constituent Assembly of India:

* Frame the Constitution of India and make sure that everyone in the country gets equal rights
and opportunities.
* The assembly adopted the National flag on July 22, 1947.
* Enact the laws
* In May 1949 the assembly approved India’s membership in the British Commonwealth.
* On January 24, 1950, Dr Rajendra Prasad was elected the first President of India through this
committee.
* Adopted both the National anthem and National Song on January 24, 1950.

Criticism of the Constituent Assembly of India:

The major criticism of the Constituent Assembly of India was that it was not formed by universal
suffrage. Many feel that it was dominated by Congress members and lawyer-politicians. There
were allegations that since the Constituent Assembly was formed during the British order it was
not a sovereign body. The committee took an unreasonable time to frame the Constitution. The
committee consisted majorly of Hindus.
Are all these criticisms true? Not at all! The constituent assembly consisted of members from all
the religions, castes and cultures of the society. This means that equal opportunity is given to
all. The time taken by the constituent assembly to frame the Constitution is reasonable since
India is a big country and they have to account for people from all the sections of the society.
The secular provisions in the Constitution is a proof that the Constitution gave equal rights and
opportunities to everyone irrespective of their caste and religion.

Conclusion
The formation of the Constituent Assembly was necessary since India urgently needed a body
that can frame and enact laws. The assembly took a lot of great initiatives and made laws that
guaranteed equal respect to all. There were a lot of difficulties in the formation of the Constituent
Assembly.
But, in the end, due to the support of all the Indians and prime leaders, the assembly was finally
formed. The Constituent Assembly consisted of members from all sections of the society. They
played a major role in the formation of the Constitution.

Federal but unitary

The Indian Constitution can be seen as having elements of both federalism and unitarism. While
it establishes a federal structure with powers divided between the central government and the
states, there are also provisions that give the central government significant authority, which
some argue create a unitary bias. For example, the Union List, which contains subjects on
which only the central government can legislate, is extensive compared to the State List.
Additionally, in certain situations, the central government can encroach upon the powers of the
states, such as during emergencies. This balance of federalism with a unitary tilt reflects India's
unique historical, social, and political context.While it formally establishes a federal structure,
many argue that its functioning often leans towards unitarism due to various provisions and
practices. This duality reflects the complex nature of India's governance system, which aims to
balance the autonomy of states with the need for a strong central authority to maintain unity and
stability.

Several provisions and practices contribute to the perception that the Indian Constitution, while
federal in structure, tends to operate with a unitary bias:
1. Emergency Provisions: During a national emergency, the central government gains significant
powers, including the ability to override certain aspects of state authority. This centralization of
power can diminish the federal character of the system.
2. Single Citizenship: Unlike in many federal systems where citizens hold both federal and state
citizenship, India provides for only single citizenship, which is granted by the Union government.
This centralizes citizenship and undermines the autonomy of states.
3. Financial Dependence: States in India are often financially dependent on the central
government for funds. While the Finance Commission allocates resources to states, the central
government's control over tax revenues and distribution mechanisms can influence state
policies and decision-making.
4. Central Legislation Prevalence: The Union List in the Constitution includes subjects on which
only the central government can legislate, and this list is extensive compared to the State List.
This grants the central government greater legislative authority and limits state autonomy.
5.
6. Role of the Governor: Governors, who are appointed by the President (a central authority),
play a significant role in state governments. Their powers include the ability to dismiss state
governments under certain circumstances, which can be seen as a means of central control
over states.
7. Inter-State Council: While designed to foster cooperation between the central government
and states, the Inter-State Council can also be seen as a mechanism for the central government
to exert influence over states' decisions.

Features of INDIAN CONSTITUTION

The Constitution of India became effective on 26 January 1950. B. R. Ambedkar was the
chairman of the drafting committee. It lays down the fundamental political code, structure,
procedures, powers, and duties of government institutions. Also, it sets out fundamental rights,
directive principles, and the duties of citizens. It is the supreme law of India.The constitution of
India was created by a constituent assembly and not by the Parliament of India. It was adopted
by its people with a declaration in its preamble. Thus, the Parliament of India cannot override
the Indian constitution.It serves as the supreme law, guiding the state’s functioning and ensuring
citizen’s rights and responsibilities.
The Constitution of India is the supreme law of the Republic of India. It lays down the framework
for the country’s political system, defining the powers and responsibilities of government
institutions, safeguarding fundamental rights, and outlining the principles of governance. It is a
set of rules and regulations guiding the administration of a country.

1. Lengthiest constitution
The Indian Constitution is one of the longest and most detailed written constitutions in the
world.It It has 395 Articles and 12 Schedules. Also, about 90 Articles have been added since
1951 and there have been more than 100 Amendments.
But, as the Articles are not separately added but as a part of an existing Article, the total number
of Articles remain the same.Several factors that have contributed to its elephantine size include
– the need to accommodate the vast diversity of the country, a single constitution for both the
Center and States

- Preamble: The Preamble of the Indian Constitution declares India as a sovereign, socialist,
secular, and democratic republic, clearly stating its commitment to secularism.

2. Drawn from Different Sources

The basis of the basic structure such as Federal scheme, Judiciary, Governors, Emergency
powers, Public Service Commissions, Administrative details, etc. are from the Government of
India Act,1935.
Similarly, the fundamental rights are from the American constitution, Directive Principles from
the Irish Constitution and the Cabinet form of government is from the British Constitution.
Emergency from germany, amendment's from South africa.Also, it adopts various provisions
from the Constitutions of Canada, Australia, Germany, USSR, and France.
3. Federal System and Unitary Features
The federal features of governance are a dual system of government i.e. center and states, the
division of powers between the executive, judiciary and legislature which are the three organs of
the state, Supremacy of the Constitution, independent Judiciary and bicameralism.
The Indian constitution contains all these features. Thus, it is a federal system.
But, it also contains many unitary features such as a strong center, All India Services common
to the center and the states, emergency provisions that can modify the Constitution into a
unitary one, the appointment of Governors by the President on the advice of the center, etc.
Article 1 of the Indian constitution clearly mentions that India is a “Union of states”.
Therefore, this makes the Indian Constitution a federal system with unitary features.

4. Rigid and Flexible

The Indian Constitution is a combination or a blend of rigidity and flexibility.Constitutions are
classified into – rigid (requires a special procedure for its amendment) and flexible (can be
amended in the same manner as ordinary laws are made).
As per Article 368, some provisions can be amended by a special majority of the Parliamenti.e.
a 2/3rd majority of the members of each House present and voting and majority which is more
than 50 percent of the total membership of each House
Also, some other provisions can be amended by a special majority of the Parliament and with
the ratification by half of the total states.
However, some provisions of the Constitution can be amended by a simple majority of the
Parliament in the manner of the ordinary legislative process but these do not fall under the
purview of Article 368.

Parliamentary Form of Government

The Constitution of India has adopted the British Parliamentary System of Government. The
parliamentary system is based on the principle of cooperation and coordination between the
legislative and executive organs.

Judicial Supremacy
balance between the authority of the legislature to enact laws and the power of the judiciary to
review and interpret these laws
While Parliament retains the ultimate authority to make laws, the judiciary serves as the
guardian of the Constitution, ensuring that parliamentary actions adhere to constitutional norms
and protect fundamental rights.
An independent judicial system means that the Indian judiciary operates autonomously, free
from the influence of the executive and legislative branches of government.

Fundamental Rights
The Indian Constitution guarantees 6 fundamental rights to all citizens, which promotes the idea
of political democracy in the country
Directive Principles of State Policy
The Indian Constitution contains a set of principles in the form of Directive Principles of State
Policy (DPSPs), which denote the ideals that the state should keep in mind while formulating
policies and enacting laws.

Fundamental Duties
The fundamental duties are a set of moral and civic obligations outlined in the Constitution of
India.
* These duties serve as a guide for citizens to contribute towards building a strong and
harmonious nation.

A Secular State
The Constitution of India does not uphold any particular religion as the official religion of the
Indian State. Instead, it mandates that the state treat all religions equally, refraining from
favoring or discriminating against any particular religion.

Universal Adult Franchise

The Indian Constitution adopts universal adult franchise as the basis of elections to the Lok
Sabha and the State Legislative Assemblies.
* Every citizen who is not less than 18 years of age has a right to vote without any discrimination
based on caste, race, religion, sex, literacy, wealth, and so on.
It is not based on any community

Single Citizenship
Single citizenship is a constitutional principle in India whereby all citizens irrespective of the
state in which they are born or reside enjoy the same political and civil rights of citizenship all
over the country, and no discrimination is made between them. Like in USA dual citizenship

Three-tier Government
The three-tier government refers to the division of governmental powers and responsibilities
among three levels- the central government, state governments, and local governments

UNITARY FEATURS
Strong Centre
It is said that the power is divided between the centre and the states. However, this division of
power is not uniform and is heavily in favour of the centre. The division of power is unequal. The
Union list has a greater number of subjects in comparison with the state list. The most important
subjects have been listed in the central list. Even in the concurrent list, the centre has the
overriding power.
Single Constitution
India has a single constitution that governs both the centre and the states. Both the states and
the centre are expected to perform with this single framework.
Destructible States
States in the country have no geographic sovereignty. The centre has the authority to change
the area, boundary, and the name of any state.
Emergency
In case of an emergency as contained in the Part XVIII of the constitution, when an emergency
is proclaimed, the centre becomes all-powerful, and the states go in total control of the
centre.This can lead to the temporary suspension of federal principles and the concentration of
power in the hands of the Union government.

Single Citizenship
There is only one citizenship for the entire nation. The Indian constitution deals with the subject
of citizenship in Articles 5 and 11 under part 2.
What are the unitary features of the Indian constitution, other than the above stated? Read on.
All India Service
All India service officers (IAS, IFS and IPS) are common to the centre and the states. These
three service cadres violate the essential principles of federalism.
Governor Appointment
The Governor is appointed by the President, and he is expected to function as the agent of the
centre. It is through the Governor that the centre exercises its power in the states.They serve as
representatives of the Union government in the states and can exercise powers such as
dismissing state governments under certain circumstances, thereby maintaining central
influence.
One Election Commission
The election commission conducts elections both at the centre and the states. However, the
commission is constituted by the President. States have no role in the constitution of the
Election Commission.
Integrated Judiciary
Integrated Judiciary means that any ruling made by a higher court is binding on the lower
courts. Hence, it is obvious that the supreme court incorporates all the courts in the country from
Gram Panchayats to State High Courts.
Financial Dependence of States
In a federal structure, the states must be financially independent so that they have the utmost
autonomy. In India, however, the states depend on the centre for their funds and all
development. The States in India have few revenue avenues but have immense expenditure
requirements. This creates a financial dependence on the centre. This has historical roots, that
Indian Federation was not formed by a voluntary agreement of independent states, that kept the
subjects that they preferred to, to themselves and handed over the rest to the centre. In India till
1935, the governance was centralized and this led to the current state of federal structure.

Preamble IMPORTANTCE

A preamble is an introductory statement that sets the stage for a document by explaining its
purpose and guiding principles. It's often found in legal documents like constitutions, statutes,
and contracts. The preamble essentially provides a roadmap for interpreting the rest of the
document.The Preamble to the Indian Constitution is a brief introductory statement that outlines
the guiding principles and philosophy of the document. It also establishes the source of the
Constitution's authority, which lies with the people of India.
The Preamble defines India as a Sovereign, Socialist, Secular, Democratic Republic, and it
promises to secure justice,liberty, and equality to all its citizens. It also emphasizes the
importance of fraternity to ensure the nation's unity and integrity.

* explains the document’s philosophy and objectives.

* In a Constitution, it presents the intention of its framers, the history behind its creation, and the
core values and principles of the nation.
* The preamble basically gives idea of the following things/objects:
* Source of the Constitution
* Nature of Indian State
* Statement of its objectives
* Date of its adoption

Importance

* Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was
assembled to hear a writ petition. The Court held that:The Preamble of the Constitution will now
be considered as part of the Constitution.The Preamble is not the supreme power or source of
any restriction or prohibition but it plays an important role in the interpretation of statutes and
provisions of the Constitution.So, it can be concluded that preamble is part of the introductory
part of the Constitution.

The Preamble of a constitution holds significant importance for several reasons:

1. Statement of Values: It serves as a declaration of the fundamental values and principles upon
which the constitution and the nation are founded. By articulating concepts like justice, liberty,
equality, and fraternity, the Preamble sets the moral and ethical tone for the entire constitutional
framework.
2. Guide for Interpretation: The Preamble provides a lens through which the rest of the
constitution can be interpreted. Courts often refer to it to understand the underlying intentions
and objectives of the framers when resolving legal disputes or determining the constitutionality
of laws.
3. Source of Inspiration: The Preamble inspires citizens by outlining the collective aspirations
and goals of the nation. It serves as a reminder of the ideals that citizens and institutions should
strive to uphold, fostering a sense of unity and purpose.
4. Foundation of Governance: The principles enshrined in the Preamble form the foundation of
governance, guiding the formulation of laws, policies, and practices. It helps ensure that
government actions align with the values of the constitution and the expectations of the people.
5. Symbol of National Identity: The Preamble encapsulates the identity and ethos of the nation,
reflecting its historical, social, and cultural context. It reaffirms the commitment of the people to
the ideals of democracy, secularism, socialism, and justice.
6. Constitutional Amendment: While the Preamble itself is not subject to amendment, it reflects
the collective will of the people and can influence the direction of constitutional amendments.
Any proposed amendment that contradicts the principles outlined in the Preamble may face
scrutiny and resistance.

Right to CONSTITUTIONAL REMEDIES

Fundamental rights are the rights that grant individuals equality in every aspect irrespective of
race, colour, caste, religion, birthplace, or gender. These rights are mentioned under Articles 12
to 35 of the Indian Constitution. There are pre-defined punishments in case of violation of these
rights at the discretion of the judiciary.

The Right to Constitutional Remedies, enshrined in Article 32 and 226 of the Indian Constitution,
empowers individuals to move the Supreme Court or High court for the enforcement of their
fundamental rights. It ensures that citizens have access to legal remedies if their fundamental
rights are violated by the state or any other entity.
Article 32 states that individuals can directly approach the Supreme Court by filing a writ petition
if they believe that their fundamental rights guaranteed by the Constitution have been infringed
or are at risk of being violated. The Supreme Court has the authority to issue writs, such as
habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to enforce these
fundamental rights and provide appropriate relief.

Article 32: Article 32 is called the heart and soul of the Indian constitution as marked by Dr
Ambedkar because it gives the power to the supreme court to issue writs to enforce
Fundamental Rights. The power to issue writs by the Supreme Court goes under the original
jurisdiction. Original jurisdiction means the power of the court to hear a case for the first time.
Article 32 also has the power of judicial review. This means that the supreme court can declare
a law unconstitutional if it goes against any article of the constitution.

Article 226: Article 226 gives power to the High Courts to issue writs for the implementation of
Fundamental Rights. This article also talks about equality in every aspect. Article 226 gives a
wide array of power to the high court with its concerning jurisdiction to issue writs against
different bodies and other authorities in case of any violation of the fundamental rights.

What is a Writ Petition?

A writ petition is a legal document that is filed in a court of law to request relief from an authority
against the violation of fundamental rights. It is a fundamental right guaranteed by article 226
and Article 32 of the Indian Constitution which ensures equality in every aspect.
The writ petition is filed when an individual’s fundamental rights are violated by the state or any
of its agencies. It is a means to ensure that the state respects and protects the rights of its
citizens.
The Right to Constitutional Remedies is considered essential for upholding the rule of law,
ensuring accountability, and safeguarding individual liberties against arbitrary state actions. It
acts as a bulwark against tyranny and injustice, providing citizens with a mechanism to seek
redressal for violations of their fundamental rights.

Amendment
The amendment process in the Constitution of India is outlined in Article 368. Here's a brief
overview of the steps involved:
1. Proposal: An amendment to the Constitution can be proposed by either house of Parliament.
The proposal must be supported by a simple majority of the members present and voting, as
well as by a total majority of not less than two-thirds of the members present and voting.
2. Amendment Bill: Once a proposal for an amendment is approved by the requisite majority in
either house of Parliament
3. The amendment bill must be passed by both houses of Parliament by a majority of not less
than two-thirds of the members present and voting.
4. After being passed by both houses of Parliament, the amendment bill is presented to the
President for assent. The President has the authority to either give assent to the bill or withhold
it.
5. Once the amendment bill receives the President's assent and, if required, is ratified by the
states, it becomes part of the Constitution

CH-3
Q. Who gave approval to pol party

Political parties in India are not directly approved or sanctioned by any specific authority or
government body. Instead, they are formed by groups of individuals or organizations who come
together to pursue common political objectives.
To be recognized as a political party and participate in elections, parties need to fulfill certain
criteria set by the Election Commission of India (ECI). These criteria include registration with the
ECI, having a symbol allotted by the ECI, and meeting certain standards related to membership,
organizational structure, and internal democracy.Once a party meets the requirements and is
registered with the ECI, it is recognized as a political party and can contest elections at various
levels of government, from local to national. The ECI plays a regulatory role in ensuring that
political parties adhere to electoral laws and guidelines during the electoral process.

The Tenth Schedule of the Indian Constitution, also known as the Anti-Defection Law, was
introduced by the 52nd Amendment Act of 1985 to prevent defection by legislators from one
political party to another. This amendment was aimed at curbing the practice of legislators
switching parties for personal gain or political opportunism, which was seen as detrimental to
the stability of governments and the democratic process.The Tenth Schedule lays down the
procedures for disqualification of members of Parliament and state legislatures on the grounds
of defection. It provides for the disqualification of a member if they voluntarily give up their
membership of a political party, vote or abstain from voting contrary to the party's direction, or if
they join another party after being elected.The Anti-Defection Law applies to both individual
members as well as entire political parties, ensuring that legislators elected on a particular
party's ticket adhere to the party's policies and ideology. This amendment has helped in
maintaining party discipline and stability within legislatures by discouraging frequent party
switching and defections.

Q. Who preside over joint session of parliament

The joint session of the Indian Parliament is presided over by the Speaker of the Lok Sabha. In
the absence of the Speaker, the Deputy Speaker of the Lok Sabha presides over the joint
session. If both the Speaker and Deputy Speaker are absent, the Chairman of the Rajya Sabha
(Vice President of India) presides over the joint session.
During a joint session, both houses of Parliament—the Lok Sabha (House of the People) and
the Rajya Sabha (Council of States)—assemble together, usually for specific purposes such as
the President's address, the passage of certain bills, or the discussion of important issues.

CITIZENSHIP
Indian citizenship can be acquired by various methods, as outlined in the Citizenship Act of
1955. Here are the primary ways one can attain Indian citizenship:
Citizenship by Birth:
* Anyone born in India on or after January 26, 1950, but before July 1, 1987, is a citizen by birth.
* Individuals born in India on or after July 1, 1987, are considered citizens if one of their parents
is a citizen of India at the time of their birth.
* Persons born on or after December 3, 2004, are considered citizens if either of their parents is
a citizen of India and the other is not an illegal migrant at the time of their birth.

Citizenship by Descent:
* Persons born outside India on or after January 26, 1950, but before December 10, 1992,
are citizens if their father was a citizen of India at the time of their birth.
* Persons born outside India on or after December 10, 1992, are citizens if either of their
parents was a citizen of India at the time of their birth, and one of the parents was in service
under the Government of India at the time of birth.

Citizenship by Registration:
* Persons of Indian origin who are ordinarily resident in India for seven years before making an
application for registration.
* Persons of Indian origin who are ordinarily resident in any country or territory outside
undivided India.
* Any person who is married to a citizen of India and who is ordinarily resident in India for seven
years before making an application for registration.
* Minor children of persons who are citizens of India.
* Persons of full age and capacity who are citizens of a Commonwealth country.

Citizenship by Naturalization:
* Any person of full age and capacity who is ordinarily resident in India for 12 years and fulfills
certain other qualifications as specified in the Citizenship Act.
* Certain categories of persons may be eligible for shorter periods of residence, such as
those who have rendered distinguished service to the cause of science, philosophy, art,
literature, world peace, or human progress.

Citizenship by Incorporation of Territory:

* Any person who becomes a citizen of India when a new territory is incorporated into India.

PROCESS TO LOOSE IT

1. Renunciation of Citizenship: An Indian citizen who voluntarily acquires citizenship of another

country can renounce their Indian citizenship. They need to apply for renunciation to the
authorities specified by the Indian government, typically at an Indian embassy or consulate
abroad.
2. Termination of Citizenship by Central Government: The Central Government has the authority
to terminate the citizenship of any citizen if it is satisfied that the citizenship was obtained by
fraud, false representation, or concealment of any material fact. The government can issue a
notice to the individual and, after giving them an opportunity to be heard, make a decision on
terminating their citizenship.
3. Deprivation of Citizenship by Central Government: The Central Government has the power to
deprive any citizen of their citizenship if they have been engaged in activities prejudicial to the
sovereignty and integrity of India, or have assisted an enemy during a war, or if the citizenship
was obtained by registration or naturalization and the person has shown disloyalty to the
Constitution of India.

CH-4
DPSP and FR
The Fundamental Rights in India enshrined in part III (Article 12–35) of the Constitution of India
guarantee civil liberties such that all Indians can lead their lives in peace and harmony as
citizens of India.[1] These rights are known as "fundamental" as they are the most essential for
all-round development i.e., material, intellectual, moral and spiritual and protected by
fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the
Fundamental rights are violated the Supreme Court and the High Courts can issue writs under
Articles 32 and 226 of the Constitution. The Fundamental Rights are defined as basic human
freedoms where every Indian citizen has the right to enjoy for a proper and harmonious
development of personality and life. These rights apply universally to all citizens of India,
irrespective of their race, place of birth, religion, casteor gender. Rights literally mean those
freedoms which are essential for personal good as well as the good of the community. The
rights guaranteed under the Constitution of India are fundamental as they have been
incorporated into the Fundamental Law of the Land and are enforceable in a court of law.
However, this does not mean that they are absolute or immune from Constitutional
amendment.They are enforceable by the courts, subject to certain restrictions.Fundamental
rights for Indians have also been aimed at overturning the inequalities of pre-independence
social practices. Specifically, they have also been used to abolish untouchability and hence
prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also
forbid trafficking of human beings and forced labour. They also protect cultural and educational
rights of ethnic and religious minorities by allowing them to preserve their languages and also
establish and administer their own education institutions. When the Constitution of India came
into force it basically gave seven fundamental rights to its citizens. However, Right to Property
was removed.In the case of Kesavananda Bharati v. State of Kerala(1973)it was held by the
Apex Court that Fundamental Rights can be amended by the Parliament, however, such
amendment should not contravene the basic structure of the Constitution.
* Fundamental Rights were borrowed from the Constitution of the United States of America.

The six fundamental rights are:[2]

1. Right to equality (Article 14–18)
2. Right to freedom (Article 19–22)
3. Right against exploitation (Article 23–24)
4. Right to freedom of religion (Article 25–28)
5. Cultural and educational rights (Article 29–30)
6. Right to constitutional remedies (Article 32–35)

Right to Equality

* Abolition of untouchability
* Equal opportunities when it comes to public employment.
* Every citizen will be equal in front of the law. Every citizen of India will get equal protection of
laws.
* All the citizens will have equal access to bathing ghats, hotels, shops, roads, wells, etc.
* Discrimination of citizens is completely prohibited on the grounds of place of birth, sex, caste,
race, religion, etc.
The preamble of the Indian Constitution says that every citizen will have equality in opportunity
and status.
Right to Freedom of Religion
* Citizens of India are free to follow any religion
* People have the freedom to pay taxes for the promotion of any religion of their choice.
* Citizens are given the right to manage the religious affairs
* Freedom of conscience and free profession, practice and propagation of a particular religion.

Right to Freedom
* Right to life and liberty.
* Right to live and settle in any part of India.
* Right to form unions or associations.
* Right to carry out trade or business, right to work in any occupation, and right to work in any
profession.
* Right to assemble peacefully.
* Right to freedom of speech and expression.

Cultural and Educational Rights

* Minorities have the right to establish educational institutions.
* The culture and language of the minorities will be protected.

Right against Exploitation

* Children are prohibited from employment in hazardous jobs.
* Forced labour is prohibited.
* Trafficking of human beings is prohibited by the Constitution of India

DPSP
Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State
Policy (DPSP). They are borrowed from the Constitution of Ireland, which had copied it from the
Spanish Constitution

The Directive Principles of State Policy, in the context of India, refers to a set of guidelines or
principles contained in the Indian Constitution.
They denote the ideals that the governments in India, both Central as well as State, should keep
in mind while formulating policies and enacting laws.

DiFFERENCE
Fundamental Rights are human rights conferred on the citizens of India. DPSP are ideals that
are meant to be kept in mind by the State when it formulates policies and enacts laws

Nature:
* Fundamental Rights are justiciable, meaning they are legally enforceable. Citizens can
directly approach the courts if these rights are violated.
* DPSP, on the other hand, are non-justiciable, meaning they are not legally enforceable by
the courts. They are guidelines for the government to frame policies and laws.

Enforceability:
 * Fundamental Rights are enforceable in a court of law, and the government can be held
accountable if they violate these rights.
* DPSP are not enforceable in a court of law. However, the government is expected to keep
them in mind while formulating policies and laws.

Scope:
* Fundamental Rights primarily focus on protecting individual liberties and freedoms such as
the right to equality, right to freedom of speech, right to life, etc.
* DPSP focus on social justice, economic welfare, and the overall well-being of citizens. They
include principles like the promotion of equal pay for equal work, protection of the environment,
provision of free and compulsory education, etc.

- Political Democracy is established in India with the help of Fundamental Rights given in the
Constitution of India.
- Economic and Social Democracy is established with the help of the Directive Principles of
State Policy
- The welfare of each and every citizen is promoted through the Fundamental Rights
- Welfare of community in dpsp
- As per the law, the violation of Fundamental Rights is punishable.But violation of dosp not
- If there is a law which is in violation of fundamental rights then the courts can declare it as
invalid and unconstitutional.
- Fundamental rights can be suspended during a national emergency. But, the rights guaranteed
under Articles 20 and 21 cannot be suspended
- Directive Principles of State Policy can never be suspended under any circumstances
Fundamental Rights was borrowed from the Constitution of the United States of America
Directive Principles of State Policy was borrowed from the Constitution of Ireland which was in
turn copied from the Constitution of Spain.