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INDIAN CONSTITUTION
AND
STATUS OF EDUCATION
by:-
Dr. Satish Kumar
Assistant Professor
Lovely school of Education
Lovely Professional University
Phagwara, Punjab, India
satishnurpur@gmail.com
UNIT-II
INDIAN CONSTITUTION AND STATUS OF EDUCATION
 Constitutional provisions: preamble and features
 Fundamental rights and duties,
 Directive principles of state policy
 Right to Information (RTI)
 Constitutional values in the context of education
 LPG: impact on Indian society
INDIAN
CONSTITUTION
WHAT IS CONSTITUTION ?
 Almost everything we do is governed by some set
of rules. There are rules for games (like- soccer),
for social clubs and for adults in the workplace.
There are also rules imposed by morality and
custom that play an important role in telling us
what we should and should not do.
 The term constitution comes
through the Latin word ‘constitutio’, used
for regulations and orders
4
5
1.WHAT IS CONSTITUTION ?
For example- In the game of soccer, a referee has "full authority
to enforce the Rules or Law of the Game on the Players”, when
a player do something against the Rules referee takes action like
send-off a player, as shown in images below.
should Should not Red-card
6
1.WHAT IS CONSTITUTION ?
Some rules that are made by the legislatures (also known as Lok sabha/Rajya Sabha
in India), for there own country, are called “Law”.
We need Laws in Society so our society can regulate and work properly. They are
designed to protect us and our property and to ensure that everyone in society behaves
the way that the community expects them too.
Laws tell us what to expect as a consequence of our actions. Laws have been the glue
that has kept society together. Without laws there would be complete anarchy.
7
1.WHAT IS CONSTITUTION ?
I) In General-
The Constitution is the supreme law of the land. All other laws have to conform to the
Constitution. The constitution contains laws concerning the government and its
relations with the people.
A constitution is concerned with 2 main aspects:-
a) The relation between the different levels of government and
b) Between the government and the citizens.
Constitution
...
…
Government The People
8
1.WHAT IS CONSTITUTION ?
GOVERNMENT
EXECUTIVE
JUDICIARY
LEGISLATIVE
CONSTITUTION
THE PEOPLE
Makes Laws
Interprets Laws
Enforces Laws
Fig.- Role of Constitution in relationship between Government and its people
Role of Constitution in relationship between Government and its people:-
9
1.WHAT IS CONSTITUTION ?
II) Definitions-
A constitution is a set of fundamental principles according to which a state or other
organization is governed. These rules together make up, i.e. constitute, what the entity
is. When these principles are written down into a single collection or set of legal
documents, those documents may be said to comprise a written constitution.
or
The document containing laws and rules which determine and describe the form of the
government, the relationship between the citizens and the government, is called a
Constitution.
10
THE FRAMING OF CONSTITUTION OF INDIA.
The Constituent Assembly of India was elected to write the Constitution of India.
Following India's independence from Britain, its members served as the nation's first
Parliament.
This body was formed in 1946 for the purpose of making independent India's
constitution. The assembly passed a resolution in 1947 January defining the
objectives of the constitution:-
- Dr. Rajendra Prasad became the President of the Constituent Assembly
- Dr. Bhimrao Ambedkar became the Chairman of its drafting committee on December
11,1946 .
11
THE FRAMING OF CONSTITUTION OF INDIA.
First day (December 9, 1946) of the Constituent Assembly. From right: B. G. Kher and Sardar Vallabhai Patel;
K. M. Munshi is seated behind Patel.
The Constituent Assembly consisted of 385 members, of which 292 were elected by the elected
members of the Provincial Legislative Assemblies while 93 members were nominated by the
Princely States.
12
THE FRAMING OF CONSTITUTION OF INDIA.
1.From U.K. - Nominal Head – President, Cabinet System of Ministers, Post of PM, Parliamentary Type of Govt.,
Bicameral Parliament, Lower House more powerful, Council of Ministers responsible to Lower House, Provision of
Speaker in Lok Sabha.
Borrowed features of constitution of India
2.From U.S.A- Written constitution, Appointment of Vice President, Fundamental Rights, Supreme court,
Head of the state known as president, Provision of states, Judicial review
7.From Canada- Federal System and Residuary powers
4.From USSR- Fundamental Duties, Five year plan
3.From Australia- Concurrent List, Centre-State relationship, Language of the Preamble
5.From Germany- Emergency provisions
6.From Japan- Law on which the Supreme Court functions
8.From South Africa- Procedure of constitutional amendment
9.From Ireland- Concept of Directive Principles of state policy.
13
4.THE FRAMING OF CONSTITUTION OF INDIA.
The 63rd Republic Day Celebrations on 26th January
2012 at New Delhi, India
14
5.THE PREAMBLE TO CONSTITUTION OF INDIA.
The Preamble to the Constitution of India is a brief introductory statement that sets out the
guiding purpose and principles of the document.
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute
India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC
REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and
integrity of the Nation; in our constituent assembly this twenty-sixth
day of November, 1949, do hereby adopt, enact and give to ourselves
this constitution.
15
5.THE PREAMBLE TO CONSTITUTION OF INDIA.
The first words of the Preamble - "We, the people" - signifies that power is ultimately
vested in the hands of the People of India. So far the Preamble has been amended
only once in 1976 by 42nd amendment (change) which inserted the words Socialism,
Secularism and Integrity. A brief description of these concepts are as follows (in
the order they come in Preamble)-
1. Sovereign- It means free to follow internal and external Policies.it means
independent authority of state. It has power to legislate on any subject without control
of any other state.
2. Secular- It means no particular Religion is preferred.
3. Socialist- It means no concentration of Power and Money.
4. Democratic- It means rule by elected representative of the People of India.
5. Republic- It means no room for hereditary ruler or monarchy.
Source of authority are people of India.
FEATURE OF INDIAN CONSTITUTION
Preamble:
The Preamble, the preface to the constitution, describes the source
nature, ideology, goals and objectives of the constitution.
Written Constitution:
There are two types of constitutions in the world. Most of the
constitutions are written.
Largest Constitution:
The Constitution of India is the largest one in the world. Originally it
had 395 Articles and 8 schedules. During the period since 1950 a few
Articles have been deleted, but many more have been added through
amendments. Today the constitution has 395 Articles and 12 schedules
and 22 parts
Partly Rigid, Partly Flexible
Parliamentary Democracy
In India, there is a parliamentary form of government. The majority
party in the Lower House (Lok Sabha) forms government. The Council
Ministers is responsible to the Lok Sabha. The Cabinet is the real
executive head. In Presidential form of government, the President is
the executive head. In India, the President is only the nominal head.
.
Fundamental Rights
1) Right to Equality, (2) Right to Freedom, (3) Right against
Exploitation, (4) Right to Freedom of Religion, (5) Cultural and
Educational Rights and (6) Right to Constitutional Remedies.
Directive Principles of State Policy:
Part IV article 36-51
An Independent and Integrated Judiciary
The judiciary in India is independent and impartial. It is an
integrated judiciary with the Supreme Court at the apex of the
hierarchy. The High Courts stand in its middle, and the lower
courts are located at its bottom.
Universal suffrage:
Article 326 of the Constitution of India provides universal adult
suffrage. The voting age has now come down from 21 to 18.
Anybody who has completed 18 years of age is eligible to vote in
general elections. This is one of the most revolutionary aspects of
Indian democracy.
Secularism:
India is a secular state. Although the 42nd Amendment Act,
inserted the word 'secular' in the Preamble to the constitution,
India has been secularism since independence.
.
Single Citizenship:
In the United States of America, there is double citizenship. An
American is a citizen of America and at the same time he is also a
citizen of the 50 States of America. In India, there is only single
citizenship. An Indian is a citizen of India only. He is not a citizen of
any Indian state. Single citizenship is meant to s national unity and
national integration.
Fundamental Duties:
Fundamental Duties did not form part of the constitution.
Ten Fundamental Duties were inserted in Part IV of the constitution
42nd Amendment Act, 1976.
A new Article - Article 51-A enumerates ten Fundamental Duties.
These duties are assigned only to citizens and not to aliens.
These duties are not justifiable, but, in case of conflict, they will
prevail over Fundamental Rights.
 Welfare State:
 Our constitution aims at building a Welfare State. It provides for
development of weaker and depressed sections of the society. It
underlines the need of improving the conditions of women, Scheduled
Castes and Scheduled Tribes who have remained neglected for long.
.
Democratic System
Our constitution lays a lot of emphasis on
democratic values, and a number of democratic
institutions have been established to give shape
to these values. The centre, states and local self-
governing bodies follow democratic principles,
and all elections from gram panchayat to
parliament are democratically held.
20
CONCLUSION.
Main Characteristics of Constitution of India are:-
1. Longest written constitution.
2. Partly Rigid and Partly Flexible
3. A Democratic Republic
4. Parliamentary System of Government
5. A Federation
6. Fundamental Rights
7. Directive Principles of State Policy
8. Fundamental Duties
9. Secular State
10.An Independent Judiciary
11.Single Citizenship
21
Parts of constitution of India
FUNDAMENTAL RIGHTS PART III
(ARTICLE 12-35)
 Fundamental Rights is a charter of rights contained in
the part three Constitution of India.
 It guarantees civil liberties such that all Indians can lead
their lives in peace and harmony as citizens of India.
 Fundamental Rights are defined as basic human freedoms
that every Indian citizen has the right to enjoy for a
proper and harmonious development of personality.
 These rights universally apply to all citizens, irrespective
of race, place of birth, religion, caste or gender.
 Aliens (persons who are not citizens) are also considered
in matters like equality before law.
 They are enforceable by the courts, subject to certain
restrictions
FUNDAMENTAL RIGHTS AND DUTIES
 Right to Equality-
 Article 14 :- Equality before law and equal protection of
law
 Article 15 :- Prohibition of discrimination on grounds only
of religion, race, caste, sex or place of birth.
 Article 16 :- Equality of opportunity in matters of public
employment
 Article 17 :- End of untouchability
 Article 18 :- Abolition of titles, Military and academic
distinctions are, however, exempted
RIGHT TO FREEDOM
 Article 19 :- It guarantees the citizens of India the
following six fundamentals freedoms:-
 Freedom of Speech and Expression
 Freedom of Assembly
 Freedom to form Associations
 Freedom of Movement
 Freedom of Residence and Settlement
 Freedom of Profession, Occupation, Trade and Business
 Article 20 :- Protection in respect of conviction for
offences
 Article 21 :- Protection of life and personal liberty
 Article 21A:- Right to Education
 Article 22 :- Protection against arrest and detention in
certain cases
RIGHT AGAINST EXPLOITATION
 Article 23 :- Trafficking and forced labor in human beings
prohibited- Article 23 declares slave trade, prostitution and
human trafficking a punishable offence.
 Article 24 :- No child below the age of 14 can be employed
Right to freedom of Religion
 Article 25 :- Freedom of conscience and free profession,
practice and propagation of religion
 Article 26 :- Freedom to manage religious affairs
 Article 27 :- Prohibits taxes on religious grounds
 Article 28 :- Freedom as to attendance at religious
instruction or religious worship in certain education
institutions.
CULTURAL AND EDUCATIONAL RIGHTS
 Article 29 :- Protection of interests of minorities
-This article confers the freedom to all citizens, residing in different
parts of the land, to conserve their distinct languages, scripts or
cultures state shall not impose upon it any culture other than the
community‟s own culture.
- This article further assures that no citizen shall be denied admission
into any state-run or state-aided educational institution on grounds
only of religion, race, caste, language or any of them
 Article 30 :- Right of minorities to establish and
administer educational institutions-
This article confers
-The right to establish an educational institution by the minorities,
-The right to administer it and
-The right to get state-grants for it without discrimination.
RIGHT TO CONSTITUTIONAL REMEDIES
 Article 32 :- The right to move the Supreme Court in case
of their violation (called Soul and heart of the
Constitution by BR Ambedkar)
 Article 32 provides that, “The Supreme Court shall have
the power to issue directions or order or writs including
the writs in the nature of habeas corpus, mandamus,
prohibition, Quo warranto and ceritorari (बॊदी प्रत्यऺीकरण
, ऩरमादेश , ननषेध, ऩृच्छा और कसौटी), whichever may be
appropriate for the enforcement of any of the rights
conferred by” fundamental rights. The citizens are given
the right to move —the Supreme Court in case of
transgression of fundamental rights.
 The citizens are given the right to move in Hight Court
under Article 226
.
Habeas corpus- बंदी प्रत्यक्षीकरण
A writ of habeas corpus directs a person, usually a prison warden, to produce the p
risoner and justify the prisoner's detention.
Mandamus- ऩरमादेश
A (writ of) mandamus is an order from a court to an inferior government official
ordering the government official to properly fulfill their official duties or correct an
abuse of discretion.
Prohibition – ननषेध
A writ of prohibition is an order directed to the judge and parties of a suit in a
lower court, ordering the court not to exercise jurisdiction in a particular case.
Quo warranto -ऩृच्छा
A writ calling upon a person to show by what
authority he or she claims an office, franchise, or liberty.
Certiorari – कसौटी-
A writ of certiorari orders a lower court to deliver its record in a case so that the
higher court may review it.
FUNDAMENTAL DUTIES
 List of Fundamental Duties: Art. 51A, Part IVA of
the Indian Constitution, specifies the list of fundamental duties
of the citizens. It says “it shall be the duty of every citizen of
India:
 To abide by the constitution and respect its ideal and
institutions;
 To appreciate and follow the noble ideals which inspired our
national struggle for freedom;
 To uphold and protect the sovereignty, unity and integrity of
India;
 To defend the country and render national service when called
upon to do so;
 To promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious,
linguistic and regional diversities, to renounce practices
derogatory to the dignity of women;

CONTINUE……………….
 To value and preserve the rich heritage of our composite
culture;
 To protect and improve the natural environment including
forests, lakes, rivers, and wild-life and to have compassion for
living creatures;
 To develop the scientific temper, humanism and the spirit of
inquiry and reform;
 To safeguard public property and to give up violence;
 To strive towards excellence in all spheres (ऺेत्र) of individual
and collective activity, so that the nation constantly rises to
higher levels of endeavor and
achievement.
 Further, one more Fundamental duty has been added to
the Indian Constitution by 86th Amendment of the
constitution in 2002.
 To provide oppourtunities for education to his child or ward as
the case may be between the age of 6 & 14 years.
 51क. मूऱ कर्तव्य--भारर् के प्रत्येक नागररक का यह कर्तव्य होगा
कक वह--
(क) सॊववधान का ऩाऱन करे और उसके आदशों, सॊस्थाओॊ, राष्ट्र
ध्वज और राष्ट्रगान का आदर करे;
(ख) स्वर्ॊत्रर्ा के लऱए हमारे राष्ट्रीय आॊदोऱन को प्रेररर् करने वाऱे
उच्च आदररतशों को हृदय में सॊजोए रखे और उनका अखॊडर्ा ऩाऱन
करे;
(ग) भारर् की प्रभुर्ा, एकर्ा और की रऺा करे और उसे अऺुण्ण
रखे;
(घ) देश की रऺा करे और आह्वान ककए जाने ऩर राष्ट्र की सेवा
करे;
(ङ) भारर् के सभी ऱोगों में समरसर्ा और समान भ्रार्ृत्व की
भावना का ननमातण करे जो धमत, भाषा और प्रदेश या वगत ऩर
आधाररर् सभी भेदभाव से ऩरे हो, ऐसी प्रथाओॊ का त्याग करे जो
स्त्स्त्रयों के सम्मान के ववरुद्ध है;
 (च) हमारी सामालसक सॊस्कृ नर् की गौरवशाऱी ऩरॊऩरा का महत्व
समझे और उसका ऩरररऺण करे;
(छ) प्राकृ नर्क ऩयातवरण की, स्त्जसके अॊर्गतर् वन, झीऱ, नदी और
वन्य जीव हैं, रऺा करे और उसका सॊवधतन करे र्था प्राणण मात्र के
प्रनर् दयाभाव रखे;
(ज) वैऻाननक दृस्त्ष्ट्टकोण, मानववाद और ऻानाजतन र्था सुधार की
भावना का ववकास करे;
(झ) सावतजननक सॊऩवि को सुरक्षऺर् रखे और हहॊसा से दूर रहे;
(ञ) व्यस्त्तर्गर् और सामूहहक गनर्ववधधयों के सभी ऺेत्रों में उत्कषत
की ओर बढ़ने का सर्र् प्रयास करे स्त्जससे राष्ट्र ननरॊर्र बढ़र्े हुए
प्रयत्न और उऩऱस्त्धध की नई ऊॉ चाइयों को छू ऱे;
(]) यहद मार्ा-वऩर्ा या सॊरऺक है, छह वषत से चौदह वषत र्क की
आयु वाऱे अऩने, यथास्त्स्थनर्, बाऱक या प्रनर्ऩाल्य के लऱए लशऺा
के अवसर प्रदान करे।]
DIRECTIVE PRINCIPLES IN STATE POLICY
राज्य के नीनि ननदेशक ससद्धान्ि
 Directive Principles of State Policy are in the form of
instructions/guidelines to the governments at the center as
well as states.
 Though these principles are fundamental in the
governance of the country.
 The idea of Directive Principles of State Policy has been
taken from the Irish Republic.
 They were incorporated in our Constitution in order to
provide economic justice and to avoid concentration of
wealth in the hands of a few people.
 Therefore, no government can afford to ignore them.
 They are in fact, the directives to the future governments
to incorporate them in the decisions and policies to be
formulated by them.
35
DIRECTIVE PRINCIPLES (PART IV- ARTICLE36-51)-
Directive Principles (Part IV- Article36-51)- The classification of these are as follows-
1. Socio- economic Principales
2. Liberal Principales
3. Gandhian Principales
4. International principales
1. Socio-economic Principles
1. Article 38 – The state shall endeavor to formulate such social system which
will secure social, economic and political justice to all in all the spheres of
life.
2. Article 39(a) the state shall try to formulate its policy in such a manner so as
to secure adequate means of livelihood for all its citizens.
3. Article 39(b) the ownership of material resources would be controlled in such
a manner so as to sub serve the common good.
4. Article 39(c) the economy of the state will be administered in such a manner
so that wealth may not yet be concentrated in a few hands and the means of
production may not be used against the public interest.
36
DIRECTIVE PRINCIPLES…
5. Article 41- the State will work within the limits of its
economic feasibility and progress, provide to the
citizens the right to work, the right to education and
general assistance in the event of unemployment, old
age, disease and other disabilities.
6. Article 42- the state will make provisions for the
creation of just and humane conditions of work.
7. Article 43 -the state will ensure adequate wages, good
life and rest to the laborers. The state will also
endeavor to make available to the laborers various
socio-cultural facilities.
.
37
DIRECTIVE PRINCIPLES…
2. Liberal Principles
1. Article 44-the State shall endeavor to formulate and implement
a Uniform civil-code for all the people living throughout the
territory of India.
2. Article 45 - provide early childhood care and education for all
the children until they complete the age of six years.
3. Article 47- the State shall strive to raise the level of nutrition and
the standard of living. Thus, it will endeavor to improve upon
the health of the people.
4. Article 48 -organize agriculture and husbandry on modern and
scientific lines. It will also try to maintain and improve upon the
breed of the animals.
38
DIRECTIVE PRINCIPLES…
5. Article 50 , state will try to separate the judiciary from the executive in the
case of public service.
3. Gandhian Principles
1. Article 40, State will strive to organize Panchayats in villages and will endow
them with such powers which enable them to act as units of self
government.
2. Article 43, the state shall strive to develop the cottage industry in the rural
areas both, on individual or cooperative basis.
3. 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.
4. Article 48 reveals that State will ban slaughtering of cows, calves (बछडों) and
other milk cattle.
.
39
DIRECTIVE PRINCIPLES…
4. International principles
1.Article 51(a)- The State will strive to promote
international peace and security.
2.Article 51(b)- The State will strive to maintain just and
honorable relations among various states in the world.
3.Article 51(c)- The State will endeavor to promote
respect for International treaties, agreements, and law.
.
RIGHT TO INFORMATION (RTI), 2005
 This law was passed by Parliament on 15 June 2005 and came
fully into force on 12 October 2005.
 Right to Information is a fundamental right under Article 19(1)
of the Constitution.
 As early as in 1976, the Supreme Court said in the case of Raj
Narain vs State of UP, that people cannot speak or express
themselves unless they know. Therefore, right to information is
embedded in article 19 and is a fundamental right.
 In the same case, Supreme Court further said that India is a
democracy. People are the masters. Therefore, the masters
have a right to know how the governments, meant to serve
them, are functioning.
 Further, every citizen pays taxes. The citizens therefore, have a
right to know how their money was being spent.
 These three principles were laid down by the Supreme Court
while saying that RTI is a fundamental right of the people of
India.
WHAT IS INFORMATION
 Information is any material in any form.
 It includes records, documents, memos,
e-mails, opinions, advices, press releases,
circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material
held in any electronic form.
 It also includes information relating to any
private body which can be accessed by the public
authority under any law for the time being in
force.
OBJECTIVES OF RTI
 The basic objectives of the Right to Information Act
is-
 to empower the citizens,
 to promote transparency and accountability in the
working of the Government,
 to control corruption,
 to enhance people‟s participation in democratic process
thereby making our democracy work for the people in a
real sense.
 It goes without saying that an informed citizen is better
equipped to keep necessary vigil on the instruments of
governance and make the government more accountable
to the governed.
 The Act is a big step towards making the citizens
informed about the activities of the Government.
PROCEDURE OF RTI BY PUBLIC
1. The Public Authority:
 A "public authority" (सावतजननक प्राधधकरण)is any authority
or body or institution of government established or
constituted.
 Parliament or a State Legislature; or by notification
issued or order made by the Central Government or a
State Government.
 The bodies owned, controlled or substantially financed by
the Central Government or a State Government are also
public authorities.
 Non-Government organizations substantially financed by
the Central Government or a State Government also fall
within the definition of public authority.
CONTINUE……
 Public Information Officer
 Public authorities have designated some of its officers as
Public Information Officers.
 They are responsible to give information to a person who
seeks information under the RTI Act.
 Assistant Public Information Officer
 These officers send the application or appeal to the Public
Information Officer of the public authority or the
concerned appellate authority.
RIGHT TO INFORMATION UNDER THE ACT
 Right to Information Act 2005 empowers every
citizen to-
 Ask any questions from the Government or seek
any information
 Take copies of any government documents
 Inspect any government documents.
 Inspect any Government works
 Take samples of materials of any Government
work.
FEE FOR SEEKING INFORMATION
 A citizen who desires to seek some information from a
public authority is required to send- along with the
application, a demand draft or a bankers cheque or an
Indian Postal Order of Rs.10/- (Rupees ten), payable to
the Accounts Officer of the public authority as fee
prescribed for seeking information.
 The applicant may also be required to pay further
fee towards the cost of providing the information,
details of which shall be intimated to the applicant
by the PIO as prescribed by the Right to
Information Rules, 2012. Rates of fee as prescribed
in the Rules are given below:
(a) rupees two (Rs. 2/-) for each page ( in A-3 or smaller
size paper) ;
(b) actual cost or price of a photocopy in larger size paper;
(c) actual cost or price for samples or models;
(d) rupees fifty (Rs.50/-) per disk or floppy; and
(e) price fixed for a publication or rupees two per page of
photocopy for extracts from the publication.
(f) so much of postal charges involved in supply of
information that exceeds fifty rupees.
FORMAT OF APPLICATION
 There is no prescribed format of application for seeking
information.
 The application can be made on plain paper.
 The applicant should mention the address at which the
information is required to be sent.
 The information seeker is not required to give reasons
for seeking information.
Time Period for Supply of Information
 In normal course, information to an applicant shall be
supplied within 30 days
 from the receipt of application by the public authority.
 If information sought concerns the life or liberty of a
person, it shall be supplied within 48 hours.
 Further details in this regard are given in part IV viz.
„For the Public Information Officers.‟
APPEALS
 If an applicant is not supplied information within the
prescribed time of thirty days or he/she is not satisfied
with the information furnished to him, he may prefer an
appeal to the first appellate authority who is an officer
senior in rank to the Public Information Officer.
RTI ONLINE & COMPLAINT
 Department of Personnel & Training has launched a web
portal namely RTI online with URL
www.rtionline.gov.in for all Central
Ministries/Departments.
 The prescribed RTI fees can also be paid online.
 Reply to the RTI applications and first appeals received
online can also be given online by the respective
PIOs/FAAs.
ORGANIZATION(S) EXEMPTED FROM PROVIDING
INFORMATION UNDER RTI ACT
 Intelligence Bureau, Ministry of Home Affairs
 Directorate of Revenue Intelligence, Ministry of Finance
 Central Economic Intelligence Bureau, Ministry of Finance
 Narcotics Control Bureau
 Border Security Force, Ministry of Home Affairs
 Central Reserve Police Force, Ministry of Home Affairs
 Indo-Tibetan Border Police, Ministry of Home Affairs
 Central Industrial Security Force, Ministry of Home Affairs
 National Security Guard, Ministry of Home Affairs
 Research & Analysis Wing of The Cabinet Secretariat
 Assam Rifles, Ministry of Home Affairs
 Sashastra Seema Bal, Ministry of Home Affairs
 Defense Research and Development Organization, Ministry of Defense
 Border Road Development Organization
 Financial Intelligence Unit, India
 Directorate General Income Tax (Investigation)
 National Technical Research Organization
 National Security Council Secretariat
CONSTITUTIONAL VALUES AND THEIR ANALYSIS
 The Constitution of any country serves several purposes.
 It lays down certain ideals that form the basis of the kind of
country that we as citizens aspire to live in.
 A country is usually made up of different communities of
people who share certain beliefs, but may not necessarily
agree on all issues.
 A Constitution helps serve as a set of principles, rules and
procedures on which there is a agreement.
 These form the basis according to which the people want the
country to be governed and the society to move on.
 This includes not only an agreement on the type of
government but also on certain ideals that the country
should maintain.
 The Indian Constitution has certain core constitutional
values that constitute its spirit and are expressed in various
articles and provisions.
SOVEREIGNTY प्रभुसत्ता/ਪ੍ਰਭੁਸੱ ਤਾ
 Being sovereign means having complete political freedom
and being the supreme authority.
 It implies that India is internally all powerful and
externally free.
 It is free to determine for itself without any external
interference (either by any country or individual) and
nobody is there within to challenge its authority.
 Though the Constitution does not specify where the
sovereign authority lies but a mention of „We the People of
India‟ in the Preamble clearly indicates that sovereignty
rests with the people of India.
 This means that the constitutional authorities and
 organs of government derive their power only from the
people.
SOCIALISM
 Socialism has been made a constitutional value aimed at
promoting social change and transformation to end all
forms of inequalities.
 Our Constitution directs the governments and the people
to ensure a planned and coordinated social development
in all fields.
 It directs to prevent concentration of wealth and power in
a few hands.
 The Constitution has specific provisions that deal with
inequalities in the Chapters on Fundamental Rights and
Directive Principles of State Policy.
SECULARISM
 Secularism is seen as a great constitutional value.
 Secularism implies that our country is not guided by any one
religion or any religious considerations.
 However, the Indian state is not against religions. It allows
all its citizens to profess, preach and practice any religion
they follow.
 At the same time, it ensures that the state does not have any
religion of its own.
 Constitution strictly prohibits any discrimination on the
ground of religion.
DEMOCRACY
 The Preamble reflects democracy as a value.
 As a form of government it derives its authority from the
will of the people.
 The people elect the rulers of the country and the elected
representatives remain accountable to the people.
 Democracy contributes to stability, continuous progress
in the society and it secures peaceful political change.
REPUBLIC
 India is not only a democratic nation but it is also a
republic.
 The most important symbol of being a republic is the
office of the Head of the State, i.e. the President who is
elected and who is not selected on the basis of heredity,
as is found in a system with monarchy.
 This value strengthens and substantiates democracy
where every citizen of India is equally eligible to be
elected as the Head of the State.
 Political equality is the chief message of this provision.
JUSTICE AND LIBERTY
 Constitution-makers have included social, economic and
political justice as constitutional values.
 Justice must be availed to every citizen.
Liberty
 The Preamble prescribes liberty of thought,
expression, belief, faith and worship as one of the core
values.
 These have to be assured to every member of all the
communities.
 It has been done so, because the ideals of democracy can
not be attained without the presence of certain minimal
rights which are essential for a free and civilized existence
of individuals.
EQUALITY
 Equality is as significant constitutional value as any other.
 The Constitution ensures equality of status and
opportunity to every citizen for the development of the best
in him/her.
 As a human being everybody has a dignified self and to
ensure its full enjoyment, inequality in any form present in
our country and society has been prohibited.
 Equality reflected specifically in the Preamble is therefore
held as an important value.
FRATERNITY:
 There is also a commitment made in the Preamble to
promote the value of fraternity that stands for the spirit
of common brotherhood among all the people of India.
 In the absence of fraternity, a plural society like India
stands divided.
 fraternity can be realized not only by abolishing
untouchability amongst different sects of the community,
but also by abolishing all communal or sectarian or even
local discriminatory feelings which stand in the way of
unity of India.
DIGNITY OF THE INDIVIDUAL
 Promotion of fraternity is essential to realize the
 dignity of the individual.
 It is essential to secure the dignity of every individual
without which democracy can not function.
 It ensures equal participation of every individual in all
the processes of democratic governance.
UNITY AND INTEGRITY OF THE NATION
 As we have seen above, fraternity also promotes one
of the critical values, i.e. unity and integrity of the
nation.
 To maintain the independence of the country intact, the
unity and integrity of the nation is very essential.
 Therefore, the stress has been given on fostering unity
 amongst all the inhabitants of the country.
 Our Constitution expects from all the citizens of India to
uphold and protect the unity and integrity of India as a
matter of duty.
LPG POLICY
 What is LPG?
 L: Liberalization
 P: Privatization
 G: Globalization
Liberalization:
 The term “Liberalization” stands for “the act of making less
strict.”
 Liberalization refers to relaxation of previous government
restrictions usually in areas of social and economic policies.
Thus, when government liberalizes trade it means it has
removed the tariff, and other restrictions on the how of goods
and services between countries.
 It is an immediate effect of globalization. Liberalisation is
commonly known as free trade. It implies removal of
restrictions and barriers to free trade.
PRIVATIZATION
 Privatization means transfer of ownership and/or management of an
enterprise from the public sector to the private sector .
 It also means the withdrawal of the state from an industry or sector
partially or fully.
 Privatization is opening up of an industry that has been reserved for
public sector to the private sector.
 Privatization means replacing government monopolies with the
competitive pressures of the marketplace to encourage efficiency,
quality and innovation in the delivery of goods and services
 Causes of Inefficiency of Public Sectors:
 i. Bureaucratic administration
 ii. Out dated Technology
 iii. Corruption
 iv. Lack of accountability.
 v. Domination of trade unions
 vi. Political interference.
 vii. Lack of proper marketing activities.
ADVANTAGES AND DISADVANTAGES
 Privatisation has its own advantages and disadvantages Viz:
 Advantages
 i. Efficiency
 ii. Absence of political interference
 iii. Quality service.
 iv. Systematic marketing
 v. Use of modern Technology
 vi. Accountability
 vii. Creation of competitive environment.
 viii. Innovations
 ix. Research and development
 x. Optimum utilisation of resources
 xi. Infra structure.
 However, privatization suffers from the following
defects.
 i. Exploitation of laborer.
 ii. Abuse of powers by executives.
 iii. Unequal distribution of wealth and income.
 iv. Lack of job security for employees.
GLOBALIZATION
 The term Globalization was first coined in 1980s.
 But even before this there were interactions among nations.
 But in the modern days Globalization has touched all spheres
of life such as economy, education. Technology, cultural
phenomenon, social aspects etc.
 The term “global village” is also frequently used to highlight
the significance of globalization.
 It refers to a process whereby there are social, cultural,
technological exchanges across the border.
Advantages:
 Greater flow of goods and services checked price rises rate
 Significant increase in govt. revenues and subsequent decrease
in economic scarcity
 Stimulated industrial production
 Economic activities has picked up and the growth rate of GDP
has shown an impressive increase
EFFECT OF GLOBALIZATION ON INDIA
1. Access to Technology:
Globalization has drastically, improved the access to technology. Internet
facility has enabled India to gain access to knowledge and services from
around the world. Use of Mobile telephone has revolution used
communication with other countries.
2. Growth of international trade:
Tariff barriers have been removed which has resulted in the growth of
trade among nations. Global trade has been facilitated by GATT, WTO etc.
3. Increase in production:
Globalization has resulted in increase in the production of a variety of
goods. MNCs have established manufacturing plants all over the world.
4. Employment opportunities:
Establishment of Multinational Companies have resulted in the increase
of employment opportunities.
5. Free flow of foreign capital:
Globalization has encouraged free flow of capital which has improved the
economy of developing countries to some extent. It has increased the
capital formation.
NEGATIVE EFFECT OF GLOBALIZATION
 Inequalities within countries
 Financial Instability
 Impact on workers
 Impact on farmers
 Impact on Environment
 Domination by MNCs
 Threat to national sovereignty
POSITIVE AND NEGATIVE IMPACT OF LPG
 Monopoly markets has been converted into competitive
market
 India has been recognized as emerging super power
 Flow of pvt. Foreign investment increased
 Consumer‟s sovereignty has widened
 Extensive increase in treasury
 GDP increased regularly
 Negative impacts of LPG
 Cultural erosion
 Asymmetrical growth process
 Consumerism has been increased
 Might be results into Economic colonism
 Concentration of growth processes in urban area
Agriculture is totally neglected

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Indian constitution and educational provisions

  • 1. INDIAN CONSTITUTION AND STATUS OF EDUCATION by:- Dr. Satish Kumar Assistant Professor Lovely school of Education Lovely Professional University Phagwara, Punjab, India satishnurpur@gmail.com
  • 2. UNIT-II INDIAN CONSTITUTION AND STATUS OF EDUCATION  Constitutional provisions: preamble and features  Fundamental rights and duties,  Directive principles of state policy  Right to Information (RTI)  Constitutional values in the context of education  LPG: impact on Indian society
  • 4. WHAT IS CONSTITUTION ?  Almost everything we do is governed by some set of rules. There are rules for games (like- soccer), for social clubs and for adults in the workplace. There are also rules imposed by morality and custom that play an important role in telling us what we should and should not do.  The term constitution comes through the Latin word ‘constitutio’, used for regulations and orders 4
  • 5. 5 1.WHAT IS CONSTITUTION ? For example- In the game of soccer, a referee has "full authority to enforce the Rules or Law of the Game on the Players”, when a player do something against the Rules referee takes action like send-off a player, as shown in images below. should Should not Red-card
  • 6. 6 1.WHAT IS CONSTITUTION ? Some rules that are made by the legislatures (also known as Lok sabha/Rajya Sabha in India), for there own country, are called “Law”. We need Laws in Society so our society can regulate and work properly. They are designed to protect us and our property and to ensure that everyone in society behaves the way that the community expects them too. Laws tell us what to expect as a consequence of our actions. Laws have been the glue that has kept society together. Without laws there would be complete anarchy.
  • 7. 7 1.WHAT IS CONSTITUTION ? I) In General- The Constitution is the supreme law of the land. All other laws have to conform to the Constitution. The constitution contains laws concerning the government and its relations with the people. A constitution is concerned with 2 main aspects:- a) The relation between the different levels of government and b) Between the government and the citizens. Constitution ... … Government The People
  • 8. 8 1.WHAT IS CONSTITUTION ? GOVERNMENT EXECUTIVE JUDICIARY LEGISLATIVE CONSTITUTION THE PEOPLE Makes Laws Interprets Laws Enforces Laws Fig.- Role of Constitution in relationship between Government and its people Role of Constitution in relationship between Government and its people:-
  • 9. 9 1.WHAT IS CONSTITUTION ? II) Definitions- A constitution is a set of fundamental principles according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single collection or set of legal documents, those documents may be said to comprise a written constitution. or The document containing laws and rules which determine and describe the form of the government, the relationship between the citizens and the government, is called a Constitution.
  • 10. 10 THE FRAMING OF CONSTITUTION OF INDIA. The Constituent Assembly of India was elected to write the Constitution of India. Following India's independence from Britain, its members served as the nation's first Parliament. This body was formed in 1946 for the purpose of making independent India's constitution. The assembly passed a resolution in 1947 January defining the objectives of the constitution:- - Dr. Rajendra Prasad became the President of the Constituent Assembly - Dr. Bhimrao Ambedkar became the Chairman of its drafting committee on December 11,1946 .
  • 11. 11 THE FRAMING OF CONSTITUTION OF INDIA. First day (December 9, 1946) of the Constituent Assembly. From right: B. G. Kher and Sardar Vallabhai Patel; K. M. Munshi is seated behind Patel. The Constituent Assembly consisted of 385 members, of which 292 were elected by the elected members of the Provincial Legislative Assemblies while 93 members were nominated by the Princely States.
  • 12. 12 THE FRAMING OF CONSTITUTION OF INDIA. 1.From U.K. - Nominal Head – President, Cabinet System of Ministers, Post of PM, Parliamentary Type of Govt., Bicameral Parliament, Lower House more powerful, Council of Ministers responsible to Lower House, Provision of Speaker in Lok Sabha. Borrowed features of constitution of India 2.From U.S.A- Written constitution, Appointment of Vice President, Fundamental Rights, Supreme court, Head of the state known as president, Provision of states, Judicial review 7.From Canada- Federal System and Residuary powers 4.From USSR- Fundamental Duties, Five year plan 3.From Australia- Concurrent List, Centre-State relationship, Language of the Preamble 5.From Germany- Emergency provisions 6.From Japan- Law on which the Supreme Court functions 8.From South Africa- Procedure of constitutional amendment 9.From Ireland- Concept of Directive Principles of state policy.
  • 13. 13 4.THE FRAMING OF CONSTITUTION OF INDIA. The 63rd Republic Day Celebrations on 26th January 2012 at New Delhi, India
  • 14. 14 5.THE PREAMBLE TO CONSTITUTION OF INDIA. The Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; in our constituent assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this constitution.
  • 15. 15 5.THE PREAMBLE TO CONSTITUTION OF INDIA. The first words of the Preamble - "We, the people" - signifies that power is ultimately vested in the hands of the People of India. So far the Preamble has been amended only once in 1976 by 42nd amendment (change) which inserted the words Socialism, Secularism and Integrity. A brief description of these concepts are as follows (in the order they come in Preamble)- 1. Sovereign- It means free to follow internal and external Policies.it means independent authority of state. It has power to legislate on any subject without control of any other state. 2. Secular- It means no particular Religion is preferred. 3. Socialist- It means no concentration of Power and Money. 4. Democratic- It means rule by elected representative of the People of India. 5. Republic- It means no room for hereditary ruler or monarchy. Source of authority are people of India.
  • 16. FEATURE OF INDIAN CONSTITUTION Preamble: The Preamble, the preface to the constitution, describes the source nature, ideology, goals and objectives of the constitution. Written Constitution: There are two types of constitutions in the world. Most of the constitutions are written. Largest Constitution: The Constitution of India is the largest one in the world. Originally it had 395 Articles and 8 schedules. During the period since 1950 a few Articles have been deleted, but many more have been added through amendments. Today the constitution has 395 Articles and 12 schedules and 22 parts Partly Rigid, Partly Flexible Parliamentary Democracy In India, there is a parliamentary form of government. The majority party in the Lower House (Lok Sabha) forms government. The Council Ministers is responsible to the Lok Sabha. The Cabinet is the real executive head. In Presidential form of government, the President is the executive head. In India, the President is only the nominal head.
  • 17. . Fundamental Rights 1) Right to Equality, (2) Right to Freedom, (3) Right against Exploitation, (4) Right to Freedom of Religion, (5) Cultural and Educational Rights and (6) Right to Constitutional Remedies. Directive Principles of State Policy: Part IV article 36-51 An Independent and Integrated Judiciary The judiciary in India is independent and impartial. It is an integrated judiciary with the Supreme Court at the apex of the hierarchy. The High Courts stand in its middle, and the lower courts are located at its bottom. Universal suffrage: Article 326 of the Constitution of India provides universal adult suffrage. The voting age has now come down from 21 to 18. Anybody who has completed 18 years of age is eligible to vote in general elections. This is one of the most revolutionary aspects of Indian democracy. Secularism: India is a secular state. Although the 42nd Amendment Act, inserted the word 'secular' in the Preamble to the constitution, India has been secularism since independence.
  • 18. . Single Citizenship: In the United States of America, there is double citizenship. An American is a citizen of America and at the same time he is also a citizen of the 50 States of America. In India, there is only single citizenship. An Indian is a citizen of India only. He is not a citizen of any Indian state. Single citizenship is meant to s national unity and national integration. Fundamental Duties: Fundamental Duties did not form part of the constitution. Ten Fundamental Duties were inserted in Part IV of the constitution 42nd Amendment Act, 1976. A new Article - Article 51-A enumerates ten Fundamental Duties. These duties are assigned only to citizens and not to aliens. These duties are not justifiable, but, in case of conflict, they will prevail over Fundamental Rights.  Welfare State:  Our constitution aims at building a Welfare State. It provides for development of weaker and depressed sections of the society. It underlines the need of improving the conditions of women, Scheduled Castes and Scheduled Tribes who have remained neglected for long.
  • 19. . Democratic System Our constitution lays a lot of emphasis on democratic values, and a number of democratic institutions have been established to give shape to these values. The centre, states and local self- governing bodies follow democratic principles, and all elections from gram panchayat to parliament are democratically held.
  • 20. 20 CONCLUSION. Main Characteristics of Constitution of India are:- 1. Longest written constitution. 2. Partly Rigid and Partly Flexible 3. A Democratic Republic 4. Parliamentary System of Government 5. A Federation 6. Fundamental Rights 7. Directive Principles of State Policy 8. Fundamental Duties 9. Secular State 10.An Independent Judiciary 11.Single Citizenship
  • 22. FUNDAMENTAL RIGHTS PART III (ARTICLE 12-35)  Fundamental Rights is a charter of rights contained in the part three Constitution of India.  It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India.  Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of personality.  These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender.  Aliens (persons who are not citizens) are also considered in matters like equality before law.  They are enforceable by the courts, subject to certain restrictions
  • 23.
  • 24. FUNDAMENTAL RIGHTS AND DUTIES  Right to Equality-  Article 14 :- Equality before law and equal protection of law  Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.  Article 16 :- Equality of opportunity in matters of public employment  Article 17 :- End of untouchability  Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempted
  • 25. RIGHT TO FREEDOM  Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms:-  Freedom of Speech and Expression  Freedom of Assembly  Freedom to form Associations  Freedom of Movement  Freedom of Residence and Settlement  Freedom of Profession, Occupation, Trade and Business  Article 20 :- Protection in respect of conviction for offences  Article 21 :- Protection of life and personal liberty  Article 21A:- Right to Education  Article 22 :- Protection against arrest and detention in certain cases
  • 26. RIGHT AGAINST EXPLOITATION  Article 23 :- Trafficking and forced labor in human beings prohibited- Article 23 declares slave trade, prostitution and human trafficking a punishable offence.  Article 24 :- No child below the age of 14 can be employed Right to freedom of Religion  Article 25 :- Freedom of conscience and free profession, practice and propagation of religion  Article 26 :- Freedom to manage religious affairs  Article 27 :- Prohibits taxes on religious grounds  Article 28 :- Freedom as to attendance at religious instruction or religious worship in certain education institutions.
  • 27. CULTURAL AND EDUCATIONAL RIGHTS  Article 29 :- Protection of interests of minorities -This article confers the freedom to all citizens, residing in different parts of the land, to conserve their distinct languages, scripts or cultures state shall not impose upon it any culture other than the community‟s own culture. - This article further assures that no citizen shall be denied admission into any state-run or state-aided educational institution on grounds only of religion, race, caste, language or any of them  Article 30 :- Right of minorities to establish and administer educational institutions- This article confers -The right to establish an educational institution by the minorities, -The right to administer it and -The right to get state-grants for it without discrimination.
  • 28. RIGHT TO CONSTITUTIONAL REMEDIES  Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar)  Article 32 provides that, “The Supreme Court shall have the power to issue directions or order or writs including the writs in the nature of habeas corpus, mandamus, prohibition, Quo warranto and ceritorari (बॊदी प्रत्यऺीकरण , ऩरमादेश , ननषेध, ऩृच्छा और कसौटी), whichever may be appropriate for the enforcement of any of the rights conferred by” fundamental rights. The citizens are given the right to move —the Supreme Court in case of transgression of fundamental rights.  The citizens are given the right to move in Hight Court under Article 226
  • 29. . Habeas corpus- बंदी प्रत्यक्षीकरण A writ of habeas corpus directs a person, usually a prison warden, to produce the p risoner and justify the prisoner's detention. Mandamus- ऩरमादेश A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. Prohibition – ननषेध A writ of prohibition is an order directed to the judge and parties of a suit in a lower court, ordering the court not to exercise jurisdiction in a particular case. Quo warranto -ऩृच्छा A writ calling upon a person to show by what authority he or she claims an office, franchise, or liberty. Certiorari – कसौटी- A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.
  • 30. FUNDAMENTAL DUTIES  List of Fundamental Duties: Art. 51A, Part IVA of the Indian Constitution, specifies the list of fundamental duties of the citizens. It says “it shall be the duty of every citizen of India:  To abide by the constitution and respect its ideal and institutions;  To appreciate and follow the noble ideals which inspired our national struggle for freedom;  To uphold and protect the sovereignty, unity and integrity of India;  To defend the country and render national service when called upon to do so;  To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional diversities, to renounce practices derogatory to the dignity of women; 
  • 31. CONTINUE……………….  To value and preserve the rich heritage of our composite culture;  To protect and improve the natural environment including forests, lakes, rivers, and wild-life and to have compassion for living creatures;  To develop the scientific temper, humanism and the spirit of inquiry and reform;  To safeguard public property and to give up violence;  To strive towards excellence in all spheres (ऺेत्र) of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement.  Further, one more Fundamental duty has been added to the Indian Constitution by 86th Amendment of the constitution in 2002.  To provide oppourtunities for education to his child or ward as the case may be between the age of 6 & 14 years.
  • 32.  51क. मूऱ कर्तव्य--भारर् के प्रत्येक नागररक का यह कर्तव्य होगा कक वह-- (क) सॊववधान का ऩाऱन करे और उसके आदशों, सॊस्थाओॊ, राष्ट्र ध्वज और राष्ट्रगान का आदर करे; (ख) स्वर्ॊत्रर्ा के लऱए हमारे राष्ट्रीय आॊदोऱन को प्रेररर् करने वाऱे उच्च आदररतशों को हृदय में सॊजोए रखे और उनका अखॊडर्ा ऩाऱन करे; (ग) भारर् की प्रभुर्ा, एकर्ा और की रऺा करे और उसे अऺुण्ण रखे; (घ) देश की रऺा करे और आह्वान ककए जाने ऩर राष्ट्र की सेवा करे; (ङ) भारर् के सभी ऱोगों में समरसर्ा और समान भ्रार्ृत्व की भावना का ननमातण करे जो धमत, भाषा और प्रदेश या वगत ऩर आधाररर् सभी भेदभाव से ऩरे हो, ऐसी प्रथाओॊ का त्याग करे जो स्त्स्त्रयों के सम्मान के ववरुद्ध है;
  • 33.  (च) हमारी सामालसक सॊस्कृ नर् की गौरवशाऱी ऩरॊऩरा का महत्व समझे और उसका ऩरररऺण करे; (छ) प्राकृ नर्क ऩयातवरण की, स्त्जसके अॊर्गतर् वन, झीऱ, नदी और वन्य जीव हैं, रऺा करे और उसका सॊवधतन करे र्था प्राणण मात्र के प्रनर् दयाभाव रखे; (ज) वैऻाननक दृस्त्ष्ट्टकोण, मानववाद और ऻानाजतन र्था सुधार की भावना का ववकास करे; (झ) सावतजननक सॊऩवि को सुरक्षऺर् रखे और हहॊसा से दूर रहे; (ञ) व्यस्त्तर्गर् और सामूहहक गनर्ववधधयों के सभी ऺेत्रों में उत्कषत की ओर बढ़ने का सर्र् प्रयास करे स्त्जससे राष्ट्र ननरॊर्र बढ़र्े हुए प्रयत्न और उऩऱस्त्धध की नई ऊॉ चाइयों को छू ऱे; (]) यहद मार्ा-वऩर्ा या सॊरऺक है, छह वषत से चौदह वषत र्क की आयु वाऱे अऩने, यथास्त्स्थनर्, बाऱक या प्रनर्ऩाल्य के लऱए लशऺा के अवसर प्रदान करे।]
  • 34. DIRECTIVE PRINCIPLES IN STATE POLICY राज्य के नीनि ननदेशक ससद्धान्ि  Directive Principles of State Policy are in the form of instructions/guidelines to the governments at the center as well as states.  Though these principles are fundamental in the governance of the country.  The idea of Directive Principles of State Policy has been taken from the Irish Republic.  They were incorporated in our Constitution in order to provide economic justice and to avoid concentration of wealth in the hands of a few people.  Therefore, no government can afford to ignore them.  They are in fact, the directives to the future governments to incorporate them in the decisions and policies to be formulated by them.
  • 35. 35 DIRECTIVE PRINCIPLES (PART IV- ARTICLE36-51)- Directive Principles (Part IV- Article36-51)- The classification of these are as follows- 1. Socio- economic Principales 2. Liberal Principales 3. Gandhian Principales 4. International principales 1. Socio-economic Principles 1. Article 38 – The state shall endeavor to formulate such social system which will secure social, economic and political justice to all in all the spheres of life. 2. Article 39(a) the state shall try to formulate its policy in such a manner so as to secure adequate means of livelihood for all its citizens. 3. Article 39(b) the ownership of material resources would be controlled in such a manner so as to sub serve the common good. 4. Article 39(c) the economy of the state will be administered in such a manner so that wealth may not yet be concentrated in a few hands and the means of production may not be used against the public interest.
  • 36. 36 DIRECTIVE PRINCIPLES… 5. Article 41- the State will work within the limits of its economic feasibility and progress, provide to the citizens the right to work, the right to education and general assistance in the event of unemployment, old age, disease and other disabilities. 6. Article 42- the state will make provisions for the creation of just and humane conditions of work. 7. Article 43 -the state will ensure adequate wages, good life and rest to the laborers. The state will also endeavor to make available to the laborers various socio-cultural facilities. .
  • 37. 37 DIRECTIVE PRINCIPLES… 2. Liberal Principles 1. Article 44-the State shall endeavor to formulate and implement a Uniform civil-code for all the people living throughout the territory of India. 2. Article 45 - provide early childhood care and education for all the children until they complete the age of six years. 3. Article 47- the State shall strive to raise the level of nutrition and the standard of living. Thus, it will endeavor to improve upon the health of the people. 4. Article 48 -organize agriculture and husbandry on modern and scientific lines. It will also try to maintain and improve upon the breed of the animals.
  • 38. 38 DIRECTIVE PRINCIPLES… 5. Article 50 , state will try to separate the judiciary from the executive in the case of public service. 3. Gandhian Principles 1. Article 40, State will strive to organize Panchayats in villages and will endow them with such powers which enable them to act as units of self government. 2. Article 43, the state shall strive to develop the cottage industry in the rural areas both, on individual or cooperative basis. 3. 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. 4. Article 48 reveals that State will ban slaughtering of cows, calves (बछडों) and other milk cattle. .
  • 39. 39 DIRECTIVE PRINCIPLES… 4. International principles 1.Article 51(a)- The State will strive to promote international peace and security. 2.Article 51(b)- The State will strive to maintain just and honorable relations among various states in the world. 3.Article 51(c)- The State will endeavor to promote respect for International treaties, agreements, and law. .
  • 40. RIGHT TO INFORMATION (RTI), 2005  This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005.  Right to Information is a fundamental right under Article 19(1) of the Constitution.  As early as in 1976, the Supreme Court said in the case of Raj Narain vs State of UP, that people cannot speak or express themselves unless they know. Therefore, right to information is embedded in article 19 and is a fundamental right.  In the same case, Supreme Court further said that India is a democracy. People are the masters. Therefore, the masters have a right to know how the governments, meant to serve them, are functioning.  Further, every citizen pays taxes. The citizens therefore, have a right to know how their money was being spent.  These three principles were laid down by the Supreme Court while saying that RTI is a fundamental right of the people of India.
  • 41. WHAT IS INFORMATION  Information is any material in any form.  It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form.  It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.
  • 42. OBJECTIVES OF RTI  The basic objectives of the Right to Information Act is-  to empower the citizens,  to promote transparency and accountability in the working of the Government,  to control corruption,  to enhance people‟s participation in democratic process thereby making our democracy work for the people in a real sense.  It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed.  The Act is a big step towards making the citizens informed about the activities of the Government.
  • 43. PROCEDURE OF RTI BY PUBLIC 1. The Public Authority:  A "public authority" (सावतजननक प्राधधकरण)is any authority or body or institution of government established or constituted.  Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government.  The bodies owned, controlled or substantially financed by the Central Government or a State Government are also public authorities.  Non-Government organizations substantially financed by the Central Government or a State Government also fall within the definition of public authority.
  • 44. CONTINUE……  Public Information Officer  Public authorities have designated some of its officers as Public Information Officers.  They are responsible to give information to a person who seeks information under the RTI Act.  Assistant Public Information Officer  These officers send the application or appeal to the Public Information Officer of the public authority or the concerned appellate authority.
  • 45. RIGHT TO INFORMATION UNDER THE ACT  Right to Information Act 2005 empowers every citizen to-  Ask any questions from the Government or seek any information  Take copies of any government documents  Inspect any government documents.  Inspect any Government works  Take samples of materials of any Government work.
  • 46. FEE FOR SEEKING INFORMATION  A citizen who desires to seek some information from a public authority is required to send- along with the application, a demand draft or a bankers cheque or an Indian Postal Order of Rs.10/- (Rupees ten), payable to the Accounts Officer of the public authority as fee prescribed for seeking information.
  • 47.  The applicant may also be required to pay further fee towards the cost of providing the information, details of which shall be intimated to the applicant by the PIO as prescribed by the Right to Information Rules, 2012. Rates of fee as prescribed in the Rules are given below: (a) rupees two (Rs. 2/-) for each page ( in A-3 or smaller size paper) ; (b) actual cost or price of a photocopy in larger size paper; (c) actual cost or price for samples or models; (d) rupees fifty (Rs.50/-) per disk or floppy; and (e) price fixed for a publication or rupees two per page of photocopy for extracts from the publication. (f) so much of postal charges involved in supply of information that exceeds fifty rupees.
  • 48. FORMAT OF APPLICATION  There is no prescribed format of application for seeking information.  The application can be made on plain paper.  The applicant should mention the address at which the information is required to be sent.  The information seeker is not required to give reasons for seeking information. Time Period for Supply of Information  In normal course, information to an applicant shall be supplied within 30 days  from the receipt of application by the public authority.  If information sought concerns the life or liberty of a person, it shall be supplied within 48 hours.  Further details in this regard are given in part IV viz. „For the Public Information Officers.‟
  • 49. APPEALS  If an applicant is not supplied information within the prescribed time of thirty days or he/she is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the Public Information Officer.
  • 50. RTI ONLINE & COMPLAINT  Department of Personnel & Training has launched a web portal namely RTI online with URL www.rtionline.gov.in for all Central Ministries/Departments.  The prescribed RTI fees can also be paid online.  Reply to the RTI applications and first appeals received online can also be given online by the respective PIOs/FAAs.
  • 51. ORGANIZATION(S) EXEMPTED FROM PROVIDING INFORMATION UNDER RTI ACT  Intelligence Bureau, Ministry of Home Affairs  Directorate of Revenue Intelligence, Ministry of Finance  Central Economic Intelligence Bureau, Ministry of Finance  Narcotics Control Bureau  Border Security Force, Ministry of Home Affairs  Central Reserve Police Force, Ministry of Home Affairs  Indo-Tibetan Border Police, Ministry of Home Affairs  Central Industrial Security Force, Ministry of Home Affairs  National Security Guard, Ministry of Home Affairs  Research & Analysis Wing of The Cabinet Secretariat  Assam Rifles, Ministry of Home Affairs  Sashastra Seema Bal, Ministry of Home Affairs  Defense Research and Development Organization, Ministry of Defense  Border Road Development Organization  Financial Intelligence Unit, India  Directorate General Income Tax (Investigation)  National Technical Research Organization  National Security Council Secretariat
  • 52. CONSTITUTIONAL VALUES AND THEIR ANALYSIS  The Constitution of any country serves several purposes.  It lays down certain ideals that form the basis of the kind of country that we as citizens aspire to live in.  A country is usually made up of different communities of people who share certain beliefs, but may not necessarily agree on all issues.  A Constitution helps serve as a set of principles, rules and procedures on which there is a agreement.  These form the basis according to which the people want the country to be governed and the society to move on.  This includes not only an agreement on the type of government but also on certain ideals that the country should maintain.  The Indian Constitution has certain core constitutional values that constitute its spirit and are expressed in various articles and provisions.
  • 53. SOVEREIGNTY प्रभुसत्ता/ਪ੍ਰਭੁਸੱ ਤਾ  Being sovereign means having complete political freedom and being the supreme authority.  It implies that India is internally all powerful and externally free.  It is free to determine for itself without any external interference (either by any country or individual) and nobody is there within to challenge its authority.  Though the Constitution does not specify where the sovereign authority lies but a mention of „We the People of India‟ in the Preamble clearly indicates that sovereignty rests with the people of India.  This means that the constitutional authorities and  organs of government derive their power only from the people.
  • 54. SOCIALISM  Socialism has been made a constitutional value aimed at promoting social change and transformation to end all forms of inequalities.  Our Constitution directs the governments and the people to ensure a planned and coordinated social development in all fields.  It directs to prevent concentration of wealth and power in a few hands.  The Constitution has specific provisions that deal with inequalities in the Chapters on Fundamental Rights and Directive Principles of State Policy.
  • 55. SECULARISM  Secularism is seen as a great constitutional value.  Secularism implies that our country is not guided by any one religion or any religious considerations.  However, the Indian state is not against religions. It allows all its citizens to profess, preach and practice any religion they follow.  At the same time, it ensures that the state does not have any religion of its own.  Constitution strictly prohibits any discrimination on the ground of religion.
  • 56. DEMOCRACY  The Preamble reflects democracy as a value.  As a form of government it derives its authority from the will of the people.  The people elect the rulers of the country and the elected representatives remain accountable to the people.  Democracy contributes to stability, continuous progress in the society and it secures peaceful political change.
  • 57. REPUBLIC  India is not only a democratic nation but it is also a republic.  The most important symbol of being a republic is the office of the Head of the State, i.e. the President who is elected and who is not selected on the basis of heredity, as is found in a system with monarchy.  This value strengthens and substantiates democracy where every citizen of India is equally eligible to be elected as the Head of the State.  Political equality is the chief message of this provision.
  • 58. JUSTICE AND LIBERTY  Constitution-makers have included social, economic and political justice as constitutional values.  Justice must be availed to every citizen. Liberty  The Preamble prescribes liberty of thought, expression, belief, faith and worship as one of the core values.  These have to be assured to every member of all the communities.  It has been done so, because the ideals of democracy can not be attained without the presence of certain minimal rights which are essential for a free and civilized existence of individuals.
  • 59. EQUALITY  Equality is as significant constitutional value as any other.  The Constitution ensures equality of status and opportunity to every citizen for the development of the best in him/her.  As a human being everybody has a dignified self and to ensure its full enjoyment, inequality in any form present in our country and society has been prohibited.  Equality reflected specifically in the Preamble is therefore held as an important value.
  • 60. FRATERNITY:  There is also a commitment made in the Preamble to promote the value of fraternity that stands for the spirit of common brotherhood among all the people of India.  In the absence of fraternity, a plural society like India stands divided.  fraternity can be realized not only by abolishing untouchability amongst different sects of the community, but also by abolishing all communal or sectarian or even local discriminatory feelings which stand in the way of unity of India.
  • 61. DIGNITY OF THE INDIVIDUAL  Promotion of fraternity is essential to realize the  dignity of the individual.  It is essential to secure the dignity of every individual without which democracy can not function.  It ensures equal participation of every individual in all the processes of democratic governance.
  • 62. UNITY AND INTEGRITY OF THE NATION  As we have seen above, fraternity also promotes one of the critical values, i.e. unity and integrity of the nation.  To maintain the independence of the country intact, the unity and integrity of the nation is very essential.  Therefore, the stress has been given on fostering unity  amongst all the inhabitants of the country.  Our Constitution expects from all the citizens of India to uphold and protect the unity and integrity of India as a matter of duty.
  • 63. LPG POLICY  What is LPG?  L: Liberalization  P: Privatization  G: Globalization Liberalization:  The term “Liberalization” stands for “the act of making less strict.”  Liberalization refers to relaxation of previous government restrictions usually in areas of social and economic policies. Thus, when government liberalizes trade it means it has removed the tariff, and other restrictions on the how of goods and services between countries.  It is an immediate effect of globalization. Liberalisation is commonly known as free trade. It implies removal of restrictions and barriers to free trade.
  • 64. PRIVATIZATION  Privatization means transfer of ownership and/or management of an enterprise from the public sector to the private sector .  It also means the withdrawal of the state from an industry or sector partially or fully.  Privatization is opening up of an industry that has been reserved for public sector to the private sector.  Privatization means replacing government monopolies with the competitive pressures of the marketplace to encourage efficiency, quality and innovation in the delivery of goods and services  Causes of Inefficiency of Public Sectors:  i. Bureaucratic administration  ii. Out dated Technology  iii. Corruption  iv. Lack of accountability.  v. Domination of trade unions  vi. Political interference.  vii. Lack of proper marketing activities.
  • 65. ADVANTAGES AND DISADVANTAGES  Privatisation has its own advantages and disadvantages Viz:  Advantages  i. Efficiency  ii. Absence of political interference  iii. Quality service.  iv. Systematic marketing  v. Use of modern Technology  vi. Accountability  vii. Creation of competitive environment.  viii. Innovations  ix. Research and development  x. Optimum utilisation of resources  xi. Infra structure.
  • 66.  However, privatization suffers from the following defects.  i. Exploitation of laborer.  ii. Abuse of powers by executives.  iii. Unequal distribution of wealth and income.  iv. Lack of job security for employees.
  • 67. GLOBALIZATION  The term Globalization was first coined in 1980s.  But even before this there were interactions among nations.  But in the modern days Globalization has touched all spheres of life such as economy, education. Technology, cultural phenomenon, social aspects etc.  The term “global village” is also frequently used to highlight the significance of globalization.  It refers to a process whereby there are social, cultural, technological exchanges across the border. Advantages:  Greater flow of goods and services checked price rises rate  Significant increase in govt. revenues and subsequent decrease in economic scarcity  Stimulated industrial production  Economic activities has picked up and the growth rate of GDP has shown an impressive increase
  • 68. EFFECT OF GLOBALIZATION ON INDIA 1. Access to Technology: Globalization has drastically, improved the access to technology. Internet facility has enabled India to gain access to knowledge and services from around the world. Use of Mobile telephone has revolution used communication with other countries. 2. Growth of international trade: Tariff barriers have been removed which has resulted in the growth of trade among nations. Global trade has been facilitated by GATT, WTO etc. 3. Increase in production: Globalization has resulted in increase in the production of a variety of goods. MNCs have established manufacturing plants all over the world. 4. Employment opportunities: Establishment of Multinational Companies have resulted in the increase of employment opportunities. 5. Free flow of foreign capital: Globalization has encouraged free flow of capital which has improved the economy of developing countries to some extent. It has increased the capital formation.
  • 69. NEGATIVE EFFECT OF GLOBALIZATION  Inequalities within countries  Financial Instability  Impact on workers  Impact on farmers  Impact on Environment  Domination by MNCs  Threat to national sovereignty
  • 70. POSITIVE AND NEGATIVE IMPACT OF LPG  Monopoly markets has been converted into competitive market  India has been recognized as emerging super power  Flow of pvt. Foreign investment increased  Consumer‟s sovereignty has widened  Extensive increase in treasury  GDP increased regularly  Negative impacts of LPG  Cultural erosion  Asymmetrical growth process  Consumerism has been increased  Might be results into Economic colonism  Concentration of growth processes in urban area Agriculture is totally neglected