POLITY SESSION Constitution 2

(vii) Fundamental rights and duties

The Constitution of India guarantees six fundamental rights to every citizen.These are:

i. Right to Equality.

ii. Right to Freedom.

iii. Right against Exploitation.

iv. Right to Freedom of Religion.

v. Cultural and Educational Rights.

vi. Right to Constitutional Remedies.

The Constitution initially did not provide for Fundamental Duties. By 42nd Amendment of the Constitution, ten Fundamental Duties of citizens have also been added. Currently there are 11 Fundamental Duties.

(viii) Directive principles of state policy

The Directive Principles of State Policy are listed in Part Four of the Constitution. The framers of our constitution took the idea of having such principles from the Irish Constitution. These principles are instructions given by the Constitution to government.

All the governments-Central, State and Local-are expected to frame their policies in accordance with these principles. The aim of these principles is to establish a welfare state in India. They, however, are not binding on the government-they are mere guidelines.

(ix) Single citizenship

In federation, normally we have double citizenship. In U.S.A. every citizen besides being a citizen of United States of America is the citizen of the state in which he or she resides. But the Constitution of India provides for single citizenship - every Indian, irrespective of his place of birth or residence, is a citizen of India.

(x) Universal adult franchise

The constitution provides for Universal Adult Franchise (article 326). It means that every citizen who is 18 years of age or more is entitled to cast his/her vote irrespective of his caste, creed, sex, religion or place of birth.

(xi) Affirmative action

The Constitution provides for affirmative action by the State to improve the conditions of the weaker sections of society by providing reservations in the legislatures and government jobs (articles 15 & 16).

(xii) Independent judiciary

The Indian Constitution provides for an independent judiciary. The judiciary has been made independent of the Executive as well as the Legislature. The judges give impartial justice.

(xiii) Independent agencies

The Constitution provides for some Independent Agencies to perform functions allotted to them. The important agencies are

i. Election Commission (article 324)

ii. Comptroller and Auditor General (article 148)

iii. Union and State Public Service Commissions (article 315)

(iv) Finance Commission (article 280)

(xiv) Emergency provisions

The framers of our constitution had realised that there could be certain dangerous situations when government could not be run as in ordinary time. Hence our constitution contains certain emergency provisions. During emergency the fundamental rights of the citizens can be suspended and our government becomes a unitary one.

The Constitution makes provisions for the proclamation of National Emergency under Article 352, State Emergency under Article 356 and Financial Emergency under Article 360.

Sources of certain features of Indian Constitution


USA
• Fundamental rights
• Independent judiciary
• Judicial review
• Impeachment of President(only partially – it is much tougher to impeach the President in the US, than in India)
• Removal of supreme court judges
• Vice presidential post

Ireland • Directive Principles of State Policy
• Nomination of members to Rajya Sabha
• Electoral office and method of election of the President

Germany
Emergency Provisions

Canada
Distribution of legislative powers between the center and states (strong center)

UK • Parliamentary form of govt
• Rule of law
• Legislation
• Single citizenship
• Bicameralism

Russian Revolution
Ideal of Justice, social, education, economic and political

French Revolution
Ideal of Liberty, Equality and fraternity

Govt of India Act 1935 • Federal scheme
• Office of Governor
• Judiciary
• Public service commission
• Emergency
• Administrative details

South Africa
Amendment to the Constitution

Australia
Concurrent List