SUBMITTED BY - VEDIKA TIWARI (9159) MADHAV KHANEJA(9130)

SUBMITTED TO - MRS. TABASSUM IQBAL

SUBJECT - CONSTITUTIONAL LAW II
BBA. LLB(H)

RESEARCH PAPER ON FUNDAMENTAL RIGHTS AND

DIRECTIVE PRINCIPLES

 INDIAN CONSTITUTION: AN ANALYSIS OF THE
FUNDAMENTAL RIGHTS AND THE DIRECTIVE PRINCIPLES
Abstract
The aim of the paper is insight on the constitution of India is based on the
principles of liberty, equality, fraternity and justice. For achieving aim
we have undertaken a concise study of all the journals and books which
are linked with the provisions of the constitution manifest great respect
for human dignity, commitment to equality and non-discrimination and
concern for the weaker section in society. Further, the constitution makes
it mandatory for the Government to protect and promote freedoms, and to
assure every citizen a decent standard of living. In other words, the
Indian Constitution guarantees the basic human rights to every citizen of
India. This paper dealt with general Constitutional Laws of India and the
amendments made into Constitution of India. The paper also reveals
about the schemes for realisation of the above mentioned goals are
contained in the Fundamental Rights enshrined in Part III and Part IV of
the Constitution. The right to freedom, the right against exploitation, the
right to freedom of religion, cultural and educational rights, right to
constitutional remedies and special provisions relating to certain classes
are some of the constitutional provisions ensuring human rights.
KEY WORDS: CONSTITUENT ASSEMBLY, JUSTIFIABLE,
ADEQUATE SAFEGUARDS, EX-POST FACTO LAWS.

Introduction
Constitution of a country lays down the basic structure of the political
system under which its people are to be governed. It establishes the main
organs of the state legislature, executive and judiciary defines their
powers, demarcates their responsibilities and regulates their relationships
with each other and with the people. However every constitution
represents the vision and value of its founding aft hers and is based on
the political and economic ethos and faith and aspiration of the people.
So importantly it can be noted that the framing of the constitution of
sovereign democratic nation is performed by the people for the purpose
of considering and adopting a constituent assembly (Baxi, 1981).
India became independent on August 15, 1947 according to
Independence of India Act, 1947 enacted by the British Parliament. It
made a provision for the setting up of two independent dominions in
India, to be known as India and Pakistan. Thus India along with Pakistan
acquired new international personality. However, both the new states
were continued to be administered by the Government of India Act,
1935. The task for preparing the Constitution of India was entrusted to
the Constituent Assembly which met for the first time on 9th December,
1946. The assembly appointed various committees to draft the different
articles of the Constitution. The reports of these committees formed the
basis on which a draft of the new Constitution of India was prepared in
February 1948. Its final shape was given on 26th November, 1949 came
into force on 26th January, 1950. The Preamble of the Constitution
declares India to be a 'sovereign, socialist, secular, democratic republic’.
The term 'democratic' denotes that the Government gets its authority
from will of the people. The Government is elected by the people and it is
a body of the representatives of the people. Thus the power to exercise
legal as well as political sovereignty vests in people. It gives a feeling
that they all are equal 'irrespective of their race, religion, language, sex
and culture’ (Diwan & Diwan, 1998).
Objectives
• To study a variety of provisions of Indian Constitution promoting
 and upholding the human rights.
• Critically examine various rights enshrined in the Indian
Constitution.
A Review on Fundamental Rights in India Constitution
Research envisages the critical review on the fundamental rights and
directive principles of the state policy of Indian constitution. However it
determined the possibility of performance of the fundamental rights by
the people in the sovereign state like India.
Human Rights and Debates in the Constituent Assembly
A written guarantee of Fundamental Rights in the Constitution of India,
envisaging a Constituent Assembly for framing the constitution of India
was recognised by the Cabinet Mission in 1946. To this end, a
recommendation was made to set up an Advisory Committee for
reporting to the Assembly on Fundamental Rights. As per the suggestion
of the Cabinet Mission plan, the Constituent Assembly voted to form the
Advisory Committee on 24th January, 1947. Sardar Patel was its
chairman. The committee was to report to the Assembly on the list of
Fundamental Rights, the clauses for the protection of minorities etc. The
sub- committee on Fundamental Rights with Acharya Kripalani as the
chairman was one of the sub-committees set up by the Advisory
Committee. This sub-committee met for the first time on 24 February,
1947, to discuss the drafted list of rights prepared by B.N. Rau, K.T.
Shah,
K.M. Munshi, Dr. B.R. Ambedkar, Harnam Singh and the Congress
Expert Committee, as well as miscellaneous notes and memoranda on
various aspects of rights. These lists were lengthy and detailed, as they
were accompanied by explanatory memoranda and they contained both
negative, as well as positive rights taken from different sources, from
both within the country and outside. Balancing individual liberty with
social control, the former for fulfilling individual personality and the
latter for the peace and stability of society was a very tricky problem.
Despite disagreement on technique, there was hardly any difference on
principles. So it was decided that the Fundamental Rights should be
justifiable. The Rights to Freedom, provisions abolishing untouchability,
protection against double jeopardy, ex-post facto laws, equality before
law, the right to freely practice religion and the protection of minorities
were all adopted. The English device of prerogative writs, or directions
in the form of writs was the legal method, which was included within the
rights to secure them. Right to constitutional remedies was also adopted
(Lutz and Burke, 1989). Though a few amendments were accepted, the
content of rights and basic principles remained intact. The rights were
considered to be fundamental and enforceable by courts but they could
not be absolute. They could be limited by attaching provision to the
particular right and by providing for the rights to be suspended in certain
circumstances. Individual liberty, right to equality, basic freedoms etc.
were passed with certain limitations. The seven Fundamental
Rights had close resemblance with human rights enshrined in various
international human rights documents. Members like K.M. Munshi,
Ambedkar and K.T Shah were in favour of a more vigorous social
programme. So they insisted on a specified time limit within which all
the directive principles must be made justiciable. During the debate on
the Draft constitution (Nov-Dec, 1948) there were two types of opinions
- that the directives did not go far enough towards establishing a socialist
state and that they should have placed greater emphasis on certain
institutions and principles, central to Indian practice and to Hindu
thought, particularly those glorified by Gandhi's teaching. The
amendments for development of village life«and economy and the
panchayat system of village organisation, making the promotion of
cottage industries a government responsibility, making it incumbent upon
the government to prevent the slaughter of cattle and to improve the
methods of animal husbandry and agriculture, amendments calling for
the nationalisation of various industries are evident of these opinions.
However, most of these amendments were voted down or withdrawn by
their initiators. Consequently, the directive principles of state policy were
adopted as part IV of the Indian Constitution by the Assembly.
Fundamental human rights in the sense of civil liberties with their
modern attribute and overtone are a development more or less parallel to
the growth of constitutional government and parliamentary institutions
from the time of British rule in India. The impetus of their development
obviously came out of resistance to foreign rule when the British resorted
to arbitrary acts such as brutal assaults on unarmed poor Indians.
Nationalist Movement and the birth of the Indian National Congress
were the direct results. The freedom movement was largely directed
against racial discrimination and to securing basic human rights for all
the people irrespective of race, colour, creed, sex, place of birth in the
matter of access to public places, offices and services.
The history of national struggle for basic human rights can be traced
back to the formation of the Indian National Congress, which
endeavoured to formulate the spectrum of human rights back in 1895,
when an unknown author drafted the Constitution of India Bill. However,
the first formal document came into existence in 1928, with the Report of
Motilal Nehru. The rights enumerated by the Motilal Nehru Report - free
elementary education, living wages, protection of motherhood, welfare
of children -were a precursor of the fundamental Rights and Directive
Principles of State Policy, which were enshrined in the Indian
Constitution 22 years later. Most important pronouncement on human
rights came in the pages of Objectives
Resolution moved by Jawahar Lal Nehru in 1946. In the Objective
Resolution, it was pledged to draw up a Constitution for the country
wherein "shall be guaranteed and secured to all the country wherein
adequate safeguards would be provided for the minorities, backward and
tribal areas and depressed and other classes”. The Resolution also
reflected the anxiety of the founding fathers to incorporate and
implement the basic principles enunciated in the Universal Declaration
of Human Rights; the Assembly incorporated in the Constitution of India
the substance of most of these rights. The two parts-the Fundamental
Rights and the Directive Principles of the Constitution of India between
them covered almost the entire field of the Universal Declaration of
Human Rights. In short, the Objective Resolution forms the basis for the
incorporation of various provisions of the Constitution.
The Preamble and Human Rights
The Preamble to the Constitution is of supreme importance and the
Constitution should be read and interpreted in the light of the grand and
noble vision expressed in the preamble. The Preamble of the Constitution
declares: "We the people of India, having solemnly resolved to constitute
India into a sovereign, socialist, secular, democratic republic and to
secure to all citizens: Justice, social, economic and political; Liberty of
thoughts, 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..." 6 In
short, the Preamble concisely sets out Quintessence of human rights,
which represents the aspirations of the people, who have established the
Constitution (Sharma, 2003).
Fundamental Rights and Human Rights
A unique feature of the Indian Constitution is that a large part of human
rights are named as Fundamental Rights, and the right to enforce
Fundamental Rights itself has been made a Fundamental Right. The
Fundamental Rights in the Indian Constitution constitute the Magna
Carta of individual liberty and human rights. The Fundamental Rights
under Articles 14-31 of the Constitution provide individual right based
on right to equality, right to freedom, right against exploitation, right to
freedom of religion, right to cultural and educational rights (Desai,
1986).
These are negative rights which are made enforceable against
the state, if violated. These rights can be summed up in different
categories:
Right to Equality (Art. 14-18)
Right to equality is the cornerstone of human rights in Indian
Constitution. While Article 14 states that "the state shall not deny to any
person equality before the law and equal protection of the laws within the
territory of India," the Article 15 goes to much more specific details that"
the state shall not discriminate against any citizen on grounds of religion,
race, caste, sex, place of birth or any of them be subject to any disability,
liability, restriction or condition with regard to (a) access to shops, public
restaurants, hotels and places of public entertainment. "Whereas, Article
16 states that "there shall be equal opportunity for all citizens in matters
relating to employment or appointment to any office under the state."
Article 17 and 18 directs the state to abolish un-touchability and titles
respectively (Sehgal, 2004).
Right to Freedom (Art. 19-22)
The rights to freedom under articles 19-22, are the soul of the human
rights in India. Significantly, Article 19 states that "all citizens shall have
the right to freedom of speech and expression; to assemble peacefully
and without arms; to form associations or unions: to move freely
throughout the territory of India; to reside and settle in any part of the
territory of India; and to practice any profession or to carry on any
occupation, trade or business." Whereas, Article 20 says that "no person
shall be convicted of any offence except for violation of a law at the time
of the commission of the act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflicted under the law
in force at the time of the commission of the offence." However, the most
important article of human freedom is stated in Article 20, which says
that "no person shall be deprived of his life or personal liberty except
according to the procedure established by law."
Right against Exploitation (Art. 23-24)
The Constitution under Articles 23-24, enumerates a list of rights that
prohibits exploitation, human trafficking and similar such exploitations.
Article 23 prohibits traffic in human beings and beggar and other forms
of forced labour. Our Constitution, instead of using the word 'slavery'
used a more comprehensive expression "traffic in human beings", which
includes a prohibition not only of slavery but also of traffic in women or
children or crippled, for immoral or other purposes (Welch and Leary,
1990).
Article 24 of the Constitution prohibits the employment of the children
below 14 years of age in any factory or mine or in any other hazardous
employment. Thus forced labour is prohibited and children have been
protected as a matter of fundamental rights.
Right to Freedom of Religion (Art. 25-28)
The Part III of the Constitution under Articles 25-28 prescribe for certain
religious freedoms for citizens. They include freedom of conscience of
free pursuit of profession, practice and propagation of religion, freedom
to manage religious affairs, freedom to payment of taxes for promotion
of any particular religion and freedom as to attendance at religious
instruction or religious worship in certain educational institutions. In
short, these are vital rights of religious minorities in India (Mehta &
Verma, 1999).
Cultural and Educational Rights (Art. 29-30)
Article 29 and 30 of the Constitution guarantees certain cultural and
educational rights to the minority sections. While Article 29 guarantees
the right of any section of the citizens residing in any part of the country
having a distinct language, script or culture of its own, and to conserve
the same, Article 30 provides that "all minorities, whether based on
religion or language, shall have the right to establish and administer
educational institutions of their choice". In short, these are important
rights, as far the protection of human rights of minority groups in a
majority society as India.
Right to Constitutional Remedies
Chapter III of the Indian Constitution pertaining to Fundamental Rights
has a measure of judicial protection and sanctity in the matter of
enforcement of these rights. Under Article 32, every person has been
given a right to move to the Supreme Court by appropriate proceedings
for the enforcement of the rights conferred by Part III. Clause 2 of this
Article empowers the Supreme Court to issue directions, or writs,
including writs in the nature of habeas corpus, mandamus, prohibition,
quo warranto, and certiorari. This right cannot be suspended except when
a proclamation of emergency is in force (Basu, 2007).
Directive Principles of State Policy
The Part IV of the Constitution popularly known as the Directive
Principles of State Policy provides a long list of human civil and
economic rights for the people of India. They form the bedrock of human
rights in India. The main purpose of this charter of positive rights is to
ensure social, political and economic justice to all by laying down basic
principles of governance. These principles are intended to be kept in
mind both by the legislatures in enacting laws and by the executive
authorities in enforcing laws. Although these principles are not
enforceable by any Court yet they are fundamental in the governance of
the country and it shall be the duty of the State to apply these principles
in making laws for the general welfare of their men, women and children
(Kothari, and Sethi, 1987). These rights are:
➢ Providing adequate means of livelihood (Article 3 9 (a)).
➢ Equal pay for equal work for both men and women (Article 39(d))
➢ Adequate protection of the health and strength of workers, men and
women (Article 39(e)).
➢ Equal Justice and free legal aid (Article 39 A).
➢ Living wage, conditions of work ensuring a decent standard of life
and full enjoyment of leisure and social and cultural opportunities
(Article 43).
➢ Free and compulsory education for children (Article 45).
 ➢ Increasing the level of nutrition, the standard of living and
improving public health (Article 47).
➢ Prohibiting the slaughter of cows and calves and other milk and
draught cattle (Article 48).

Conclusion
A deep analysis of the Fundamental Rights and the Directive Principles
make it amply clear that between Constitution and its implications,
almost the entire field of the universal declaration of human rights are
covered. Besides, the Indian Constitution, through these two parts (Part
III and IV) has made a novel attempt to balance between enforceable
rights and non-enforceable rights, allowing them to compliment each
other on the fundamental governance of the country. Finally, both these
rights are inter-related and indispensable for the nourishment of others.
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5. Basu, D.D (2007), Introduction to the Constitution of India,
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