law and order

1. INDIAN CONSTITUTION
/180G02
MODULE - 1
FUNDAMENTAL RIGHTS,
DIRECTIVE PRINCIPLES OF STATE
POLICY, FUNDAMENTAL DUTIES,
CITIZENSHIP, CONSTITUTIONAL
REMEDIES FOR CITIZENS
PREPARED BY: GOVARTHINI.S

4. It is:
AFundamental Right is protected and enforced by the Constitution.
A fundamental right can be altered only by a constitutional amendment. A fundamental right can be
suspended or abridged only in the manner prescribed by the constitution.
Afundamental right is a right which an individual possesses against the State.
Afundamental right is enforceable only against the State. It cannot be
enforced against a cooperative society.

5. Right to Equality
This includes:
Equality before law.
Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth.
Equality of opportunity in matters of employment
Abolition of Untouchability
Abolition of titles

6. Right to Freedom
This includes:
Freedom of Speech and Expression
Freedom ofAssembly
Freedom ofAssociation
Freedom of Movement
Freedom of Residence
Freedom of Profession and Trade

7. Right against Exploitation
This includes:
Prohibition of traffic in human beings and forced labour
Prohibition of employment of children in factories, etc.

8. Right to Freedom of Religion
• This includes:
Freedom of conscience and free profession, practice and propagation of
religion.
Freedom to manage religious affairs
Freedom as to payment of taxes for promotion of any particular religion.-
Freedom as to attendance at religious instruction or religious worship in
certain educational institutions

9. Cultural and Education Right
This includes:
Protection of interests of minorities
Right of minorities to establish and administer educational institutions

10. Right to move on Court
This includes:
Remedies for enforcement of rights conferred by this Part.

12. •The Directive Principles of State Policy are the
guidelines or principles given to the central and state
governments of India to be kept in mind while framing
laws and policies
•The principles have been inspired by the Directive
Principles given in the Constitution of Ireland relate to
social justice, economic welfare, foreign policy, and legal
and administrative matters.

13. CHARACTERISTICS
• DPSPs aim to create social and economic conditions under which the citizens can lead a good life.
• They also aim to establish social and economic democracy through welfare state.
• Yardstick in the hands of the people to measure the performance of the government.

14. CLASSIFICATIONS

15. SOCIALIST PRINCIPLES
Article 38 (State to secure a social order for the promotion of welfare of the people)
1. The State shall strive to promote the welfare of the people by securing and protecting as effectively as it
may a social order in which justice, social, economic and political, shall inform all the institutions of the
national life.
2. The State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate
inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of
people residing in different areas or engaged in different vocations.

16. Article 39 (Certain principles of policy to be followed by the State)
• The State shall, in particular, direct its policy towards securing –
• that the citizen, men and women equally, have the right to an adequate means of livelihood;
• that the ownership and control of the material resources of the community are so distributed as best to sub
serve the common good;
• that the operation of the economic system does not result in the concentration of wealth and means of
production to the common detriment;

17. • that there is equal pay for equal work for both men and women;
that the health and strength of workers, men and women, and the tender age of children are not abused
and that citizens are not forced by economic necessity to enter avocations unsuited to their age or
strength;
• that children are given opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and that childhood and youth are protected against exploitation and against moral
and material abandonment.
• Article 39A (Equal justice and free legal aid)
The State shall secure that the operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other
way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic
or other disabilities.

18. • Article 41 (Right to work, to education and to public assistance in certain cases)
The State shall, within the limits of its economic capacity and development, make effective provision for securing
the right to work, to education and to public assistance in cases of unemployment, old age, sickness and
disablement, and in other cases of undeserved want.
• Article 42 (Provision for just and human conditions of work and maternity relief)
The State shall make provision for securing just and humane conditions of work and for maternity relief...
• Article 43 (Living wage, etc., for workers)
The State shall endeavor to secure, by suitable legislation or economic organisation or in any other way, to all
workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of
life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavor
to promote cottage industries on an individual or co-operative basis in rural areas.

19. LIBERAL PRINCIPLES
•Article 44 (Uniform civil code for the citizen)
The State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.
• Article 45 (Provision for early childhood care and education to children below the age of six years)
The State shall endeavor to Provide early childhood care and education for all children untill they complete
the age of six years.

20. Article 47 (Duty of the State to raise the level of nutrition and the standard of living and to improve public health)
The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of
public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the
consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health.
Article 48 (Organisation of agriculture and animal husbandry)
The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in
particular, take steps for preserving and improving the breeds, and prohibiting the slaughter(kill), of cows and calves and
other milch and draught cattle.

21. Article 50 ( Separation of judiciary from executive)
The state shall take steps to separate the judiciary from the executive in the public services of the state.

22. GANDHIAN PRINCIPLES
Article 40 (Organisation of village panchayats)
The State shall take steps to organise village panchayats and endow them with such powers and authority as may
be necessary to enable them to function as units of self- government.
Article 43A (Participation of workers in management of industries)
The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the
management of undertakings, establishments or other organization engaged in any industry. Provision mentioned
in this part is not enforceable by Court order.

23. Article 47 the state will strive to ban the consumption of wine, other intoxicating drinks and all such commodities
which are considered injurious to health.
Article 48A (Protection and improvement of environment and safeguarding of forests and wild life)
The state shall be endeavour to protect and improve the environment and to safeguard the forests and wild life
of the country.

24. INTERNATIONAL PRINCIPLES
Articles 51(a) - The state will strive to promote international peace and security.
Article 51(b) - The state will strive to maintain just and honourable relations among various stages in the
world.
Article 51(c) - The state will endeavour to promote respect for international treaties, agreements and law.
Article 51( f) - The state will strive to settle international disputes by arbitration.

25. CRITICISM OF DIRECTIVE PRINCIPLES OF STATE POLICY
1. These are Non - justiciable.
2. Not more than moral principles.
3. No proper classification is done.
4. Some Directive Principles are not practicable.
5. These are foreign in nature.
6. Against the principle of state sovereignity.
7. It is illogical to include these principles in the Constitution.
8. These are responsible for Constitutional conflicts.

26. IMPORTANCE OF DIRECTIVE PRINCIPLES
1. The principles are directive for the states.
2. Lay down the foundation of Economic Democracy
3. These are measuring of rods to judge the achievements of the government.
4. They establish welfare state.
5. These are Fundamental in the Governance of the country.
6. These Principles supplement Fundamental rights.
7. Guiding Principles for courts.
8. They bring stability and continuity in state policies.
9. Educative value of Directive Principles.

27. SANCTION BEHIND DIRECTIVE PRINCIPLES
• Constitution itself
• Public opinion
• Utility of Directive Principles
• Constitutional amendments
• Laws made by the government
• Executive orders.

29. 1. To abide by the constitution and to
respect ideals of constitution and
institutions, the National Flag and
the National Anthem.
TEN FUNDANMANTAL DUTIES

30. 2. To cherish and follow the noble
ideals which inspired our national
struggle for freedom.
TEN FUNDANMANTAL DUTIES

31. 3. To uphold and protect the
sovereignty, unity and integrity of
India.
TEN FUNDANMANTAL DUTIES

32. TEN FUNDANMANTAL DUTIES
4. To defend the country
and render national
service when called
upon to do so.

33. TEN FUNDANMANTAL DUTIES
5. To promote harmony and the spirit of
common brotherhood amongst all the
people of India linguistic and regional or
sectional diversities; to renounce
practices derogatory to the dignity of
women

34. TEN FUNDANMANTAL DUTIES
6. To value and preserve
the rich heritage of our
composite culture

35. TEN FUNDANMANTAL DUTIES
7. To protect and
improve the natural
environment including
forests, lakes, rivers and
wild life, and to have
compassion for living
creatures

36. TEN FUNDANMANTAL DUTIES
8. To develop the
scientific temper,
humanism and the
spirit of inquiry and
reform.

37. TEN FUNDANMANTAL DUTIES
9. To safeguard public property and to abjure violence

38. TEN FUNDANMANTAL DUTIES
10. To strive towards
excellence in all spheres
of individual and
collective activity so that
the nation constantly
rises to higher levels of
Endeavour and
achievement.

39. 11. To provide opportunities of education to the children by their parents

40. Criticism of Fundamental Duties
• No arrangement has been made for their implementation
• High ideals
• These should have been included in chapter III of the
Constitution
• Some important duties remain enumerated
• Complex Language
• Duties have not been linked with rights

41. Importance of Fundamental Duties
• Helpful in the enjoyment of Rights
• Create sense of duty
• Create Patriotism
• Guiding principles
• Remove deficiency from the constitution
• Non Controversial
• Educative Significance

42. CITIZENSHIP

51. The Citizenship Amendment Bill (CAB) is a bill introduced by the Central Government in the Parliament of India in 2019 to
primarily amend the Citizenship Act of 1955.
The Citizenship (Amendment) Bill 2019, in effect, seeks to give Indian nationality only to the non-Muslim refugees from
Pakistan, Bangladesh and Afghanistan.
Six religious communities – Hindus, Sikhs, Buddhists, Jains, Parsis and Christians – are considered eligible for Indian
citizenship if they entered India on or before 31 December 2014, but not Muslims.
The countries from which minorities are allowed include Afghanistan, Bangladesh and Pakistan, but not Myanmar or Sri
Lanka.
Citizenship is granted by relaxing the requirement of residence in India for citizenship by naturalisation from 11 years to
5 years for these migrants.
North-east India has already suffered a lot due to the problem of illegal migrants. The natives of North-east India are
against any move to allow citizenship to illegal migrants – irrespective of their religion.

52. CONSTITUTIONAL REMEDIES FOR CITIZENS

53. Type of Writs
The Constitution empowers the Supreme Court and
High Courts to issue orders or writs.
The types of writs are:
Habeas Corpus
Certiorari
Prohibition
Mandamus
Quo Warranto

54. Habeas Corpus
Habeas Corpus is a writ that is enforced in order to protect the
fundamental right to liberty of an individual against unlawful
detention.
This writ commands a public official to deliver a detained
person in front of the court and provide valid reason.

55. Certiorari
The writ of certiorari is issued to a lower court directing that
the transfer of a case for review, usually with the intention of
overruling the judgment of the lower court.
The Supreme Court issues the writ of Certiorari in case the
decision passed by the lower court is challenged by the party. It
is issued in case the higher court finds it a matter of over
jurisdiction or lack of jurisdiction.

56. Prohibition
Prohibition is a writ issued by a higher court to a lower court to
enforce inactivity in the jurisdiction. It happens only in case the
higher court is of the discretion that the case falls outside the
jurisdiction of the lower court.
Writ of Prohibition can only be issued against judicial and
quasi-judicial authorities

57. Mandamus
The writ of mandamus is issued to a subordinate court, an
officer of the government, or a corporation or other institution
commanding the performance of certain acts or duties.
Unlike Habeas Corpus, Mandamus cannot be issued against a
private individual.

58. Quo-Warranto
Quo warranto is issued against a person who claims or usurps a
public office. Through this writ, the court inquires ‘by what
authority’ the person supports his or her claim.
Through this writ, the court enquires into the legality of a claim
of a person to a public office. This writ prevents the illegal
assumption of a public office by an individual.