Educational Provision
in the Constitution of India
Fundamental Right:
The
preamble to the Constitution of India is a brief introductory statement that
sets out the guiding purpose, principles and philosophy of the
constitution. Preamble gives idea about the following: (1) the source of
the constitution, (2) nature of Indian state (3) a statement of its objectives
and (4) the date of its adoption.
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.
The Fundamental Rights, Directive Principles of State Policy
and Fundamental Duties are sections of the Constitution of India that prescribe
the fundamental obligations of the states to its citizens and the duties and
the rights of the citizens to the State.
What
are we having this liberty for? We are having this liberty in order to reform
our social system, which is full of inequality, discrimination and other
things, which conflict with our fundamental rights.
- B. R. Ambedkar
The
Fundamental Rights are defined as the basic human rights of all citizens. These
rights, defined in Part III of the Constitution, apply irrespective of race,
place of birth, religion, caste, creed or sex.
Fundamental
Rights may well be called the soul of our Constitution. These are the
very basic rights that are universally recognized as fundamental to human
existence and indispensable for human development. It guarantees civil
liberties such that all Indians can lead their lives in peace and harmony as
citizens of India.
The
Constitution guarantees six fundamental rights to Indian citizens as follows:
1.
Right to Equality (Articles 14 - 18):
Equality
implies provision for equal opportunities persons for their self-development
without any distinction of religion, caste, sex, wealth or status. The Right to
Equality has been guaranteed by the Indian Constitution in Articles 14-18.
i.
Article 14 -
Art. 14 of the Indian Constitution say, “The State shall not deny to any person
equality before the law or equal protection of the laws within the territory of
India”. All are equal before the law. That means, no one can claim any special
privilege. Nobody is above the law of the land.
ii.
Article 15 -
Prohibition of discrimination on grounds only of religion, race, caste, sex or
place of birth.
iii.
Article 16 -
Article 16 of Indian Constitution ensures equality of opportunity for all
citizens in public employment. It is further provided that in case of public
employment the State cannot make any discrimination on grounds only of
religion, race, sex, descent, place of birth or residence
iv.
Article 17-
Article 17 of Indian Constitution declares the abolition of untouchability and
prohibit its practice in any form. The enforcement men disability arising out
of ‘Untouchability’ shall be an offence punishable in accordance with law.
v.
Article 18
- Article 18 of Constitution of India prevents the State from conferring of
title. Besides, no Indian citizen shall accept any title from any foreign
state. This is considered to be an important step towards the establishment of
social equality in India.
2.
Right to Freedom(Articles 19 - 22): There are six rights
under this category:-
i.
Right to freedom of Speech and
Expression.
ii.
Right to freedom of peaceful Assembly without
arms.
iii.
Right to form associations or Unions.
iv.
Right to Move freely throughout the
territory of India.
v.
Right to Residence and settle in any
part of the Country.
vi.
Right to practice any Profession or
carry any Trade, occupations.
3.
Right against Exploitation (Articles 23 - 24):
i.
Article 23
- Article 23 of Indian Constitution declares Prohibition of traffic in human beings
and forced labor.
ii.
Article 24
- Article 24 of Indian Constitution states that the employment of children
under 14 years in factories or mines, are punishable offences.
4.
Rights to freedom of Religion (Articles 25 - 28):
i.
Article 25
- Article 25 of Indian Constitution clearly enumerates Particulars of freedom
of conscience and free profession, practice and propagation of religion.
ii.
Article 26
- Article 26 of Indian Constitution specifies the freedom to manage religious
affairs.
iii.
Article 27 -
Article 27 of Indian Constitution states the Freedom as to payment of taxes for
promotion of any particular religion.
iv.
Article 28
- Article 28 of Indian Constitution includes freedom as to attendance at
religious instruction or religious worship in certain education institutions.
Exception
-
Except when it is in the interest of public order, morality, health or other
conditions, everybody has the right to profess, practice and propagate his
religion freely.
5.
Cultural and Educational Rights (Articles 29 - 30):
The
Constitution provides that every community can run its own institutions to
preserve its own culture and language. The minorities are also given the right
to establish and administer educational institutions of their own.
i.
Article 29
- Protection of interests of minorities.
ii.
Article 30
- Right of minorities to establish and administer educational institutions
iii.
Article 31
- Omitted by the 44th Amendment Act.
6.
Right to constitutional Remedies (Articles 32 - 35):
i.
Article 32
- When a citizen finds that any of his fundamental rights has been encroached
upon, he can move the Supreme Court, which has been empowered to safeguard the
fundamental rights of a citizen. This
right has been called Soul and heart of the Constitution by BR Ambedkar.
Forms
of Writ check -
The
Supreme Court under article 32 and the High Court 226
can issue the writs of habeas corpus, mandamus, prohibition, and quo-warranto.
i.
Habeas Corpus-
It is a Latin word means “To have a body of”. It is an order issued by the
Court to a person who has detained another person to produce the body of the
latter before it.
ii.
Mandamus
- It literally means “We Command.” A 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.
iii.
Prohibition -
Means “to forbid.” It is issued by the higher court to lower court to prevent
the latter exceeding its jurisdiction or usurping a jurisdiction that it does
not possess.
iv.
Quo- Warranto
- It means “By What Authority.” It is issued by the court to enquire into the
legality of claim of a person to a public office.
Directive
Principles of State Policy:
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 non-justifiable,
they are fundamental in the governance of the country. The idea of Directive
Principles of State Policy has been taken from the Irish Republic.
Article 36 to 51 of the Constitution of
India embodies the Directive Principles of State policy and for these we are
indebted to the Constitution of Ireland. The objective is to establish a social
and economic democracy in India.
Article
37 reveals
that:
1.
The Directive Principles are not justiciable
2.
They are Fundamental to the governance of the country
3.
It shall be the duty of the State to apply these Directive Principles while
formulating policies or making laws for the governance of the State
Classification of Directive Principles:
1.
Socialist Principles
i.
Article 38 – the state shall endeavour to
formulate such social system which will secure social, economic and political
justice to all in all the spheres of life.
ii.
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.
iii.
Article 39(b) - the ownership of material
resources would be controlled in such a manner so as to sub-serve the common
good.
iv.
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.
v.
Article 41 - the State will work within the limits
of its economic viability 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.
vi.
Article 42 - the state will make provisions for
the creation of just and humane conditions of work. It will also ensure
maternity relief.
vii.
Article 43 - the state will ensure adequate wages,
good life and rest to the labourers. The state will also endeavour to make
available to the labourers various socio-cultural facilities.
2.
Liberal Principles
i.
Article 44 - The State shall endeavour to
formulate and implement a Uniform Civil Code for all the people living
throughout the territory of India.
ii.
Article 45 - the State shall endeavour to provide
early childhood care and education for all the children until they complete the
age of six years.
iii.
Article 47 - the State shall strive to raise the
level of nutrition and the standard of living. Thus, it will endeavour to
improve upon the health of the people.
iv.
Article 48 - the State shall strive to organise
agriculture and husbandry on modern and scientific lines. It will also try to
maintain and improve upon the breed of the animals.
v.
Article 50 - the state will try to separate the
judiciary from the executive in the case of public service.
3.
Gandhian Principles
i.
Article 4 - the State will strive to organise
Panchayats in villages and will endow them with such powers which enable them
to act as units of self government.
ii.
Article 43 - the state shall strive to develop the
cottage industry in the rural areas both, on individual or cooperative basis.
iii.
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.
iv.
Article 48 suggests that the State will ban
slaughtering of cows, calves and other milch cattle.
4.
International principles
i.
Article 51(a)- The State will strive to promote
international peace and security.
ii.
Article 51(b)- The State will strive to
maintain just and honourable relations among various states in the world.
iii.
Article 51(c)- The State will endeavour to
promote respect for International treaties, agreements, and law.
iv.
Article 51(f)- The State will strive to settle
international disputes by arbitration.
‘Fundamentalization’
of Directive Principles
i.
The
Supreme Court has, in a number of judgments, referred to the importance of the
Directive Principles.
ii.
It
has called these principles the “conscience” and the “core”
of the Constitution.
iii.
These
principles are the “goals” to be achieved by Part III of the Constitution.
iv.
They
are intended to ensure “distributive justice” for removal of inequalities and
disabilities and to achieve a fair division of wealth amongst the members of
the society.
v.
The
Supreme Court held that the courts can look at the Directive Principles for the
purpose of interpretation of the fundamental rights.
Besides
the directives contained in Part IV, there are certain other directives
addressed to the state in other part of the Constitution. These directives are
also non-judicial. There are:
1.
Article 350 A enjoins every state and every local
authority within the state to provide adequate facilities for instruction in
the mother tongue at the belonging to linguistic minority groups.
2.
Article 351 enjoins the union to promote the spread
of Hindi and to develop it so that it may serve as a medium of expression of
all the elements of the composite culture of India.
3.
Article 335 enjoins that the claims of the members
of the Scheduled Castes and Scheduled Tribes shall be taken into consideration,
consistently with the maintenance of efficiency of administration, in the
making of appointments to services and posts in connection with the affairs of
the union or a state.
Though
the Directives contained in Article 335, 305A and 351 are not included in Part
IV, courts have given similar attention to them on the application of the
principle that all part of the Constitution should be read together.
Fundamental
Duties:
The
Fundamental Duties enshrined in Part IVA of the Indian Constitution (Article
51A) were inserted by the 42nd Constitutional Amendment Act in 1976. In this
article we will go through the list of Fundamental Duties, their background or
need, legal position and suggestions of committees.
What
is the Need of Fundamental Duties in the Constitution?
In
fact, there can be no rights in a society where there are no duties. Rights and
duties are two sides of the same coin and inseparable. For every right, there
is a corresponding duty. The fundamental duties are intended to regulate
behaviour and to inspire citizens to strive towards excellence.
“The
source of right is duty. If we all discharge our duties, rights will not be far
to seek.”
---Mahatma
Gandhi
Significance:
- They serve as a reminder to the
citizens that while enjoying rights they also have some fundamental duties
to follow.
- They serve as a warning against
the anti-national and antisocial activities like burning the national
flag, destroying public property and so on.
- They serve as a source of
inspiration for the citizens and promote a sense of discipline and
commitment among them. They create a feeling that the citizens are
no mere spectators but active participants in the realisation of national
goals.
- The duty as such is not legally
enforceable in the Courts; but if the State makes a law to prohibit any
act or conduct in violation of any of the duties, the courts would uphold
that as a reasonable restriction on the relevant fundamental right..
- Though non-justiciable in
nature, it still helps the court in examining the constitutional validity
of the law. If the court finds that a law in question seeks to give effect
to a fundamental duty, it may consider such law to be reasonable in
relation to Article 14(equality before law) or Article 19 (six freedoms)
and thus save such law from unconstitutionality.
- These duties are in the nature
of a code of conduct. Since they are unjusticiable, there is no legal
sanction behind them.
Article 51A: Fundamental duties
Originally the following 10
Fundamental Duties were given vide the 42nd Amendment to the Constitution of
India, under Article 51 A, in the year 1976:-
It shall be the duty of every
citizen of India to:
1. Abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
2. Cherish and follow the noble
ideals which inspired our national struggle for freedom;
3. Uphold and protect the sovereignty,
unity and integrity of India;
4. Defend the country and render
national service when called upon to do so;
5. Promote harmony and the spirit
of common brotherhood among all the people of India
transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women;
6. Value and preserve the rich
heritage of our composite culture;
7. Protect and improve the natural
environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures;
8. Develop the scientific temper,
humanism and the spirit of inquiry and reform;
9. Safeguard public property and to abjure violence;
10. Strive towards excellence in
all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavor and achievement;
In the year 2002 vide the 86th Amendment
the following was added as the 11th Duty of the Indian Citizen:
11. Every Indian Parent or Guardian must
ensure that their child or ward was provided opportunities for education
between the ages of 6 and 14 years
Centre
– State Relation:
The Indian constitution declares India as federal. That means it is a
union of states where power is divided between centre and states as per the
procedure mentioned in the constitution. In this two tier system, the central
government have the final say in all the matters and in this way India is
federal but unitary. The different relations between centre and state are as
follows:
- Legislative Relations
- Administrative Relations
- Financial Relations
1. Legislative
Centre-State Relations:
Articles 245 to 255 in the
Indian constitution deal with the legislative aspect of centre states relation.
Legislation means the power of making a law which is enforceable. Both the
central and state governments in India have the power to make laws. But, the
matters on which they can make laws differ. While the centre can make laws
applicable to the nation as a whole, the states have the power to make laws
applicable in their own territory that too in some matters only. Some matters
need both the centre and state legislations. They are as given:
i.
UNION LIST:
Union
list Include the matters on which only central government can make
legislations. The state governments are bounded by these legislations. Union
list has 100 subjects on which it has exclusive authority to make laws. These
include Foreign affairs, Defence, Armed forces, Communications, Posts and
telegraphs, inter-state trade and commerce and so on.
ii.
STATE LIST:
State list includes the
matters on which the respective state governments can make laws. The state list
consists of 61 subjects which include Public order in the state, police,
administration of justice, prisons, Local Governments, agriculture and so on.
However, under some situations such as emergency, The Centre will take over the
State list as well.
iii.
CONCURRENT LIST:
The Concurrent list
includes the subjects on which both central and state governments have the
power to make laws. The Concurrent list has 52 subjects which include Criminal
and Civil procedure, marriage and divorce, economic and special planning, trade
unions, labour welfare electricity, newspapers, books and printing
presses,population control and so on. However, the centre has the sole powers
to take over the concurrent list if needed.
2. Administrative
Centre-State Relations:
Articles 256 to 263 The
Indian Constitution deal with the administrative aspect of centre-state
relations in India. Regarding Administration, State governments are like
sub-ordinates to the Centre. Central government gives directions to the State
governments in the course of administrative action.
Even some matters like
railways, central excise, income tax, post and telegraph and so on are directly
administered by the central government. Hence, in administrative matters also
Centre has the final say.
3. Financial
Centre-State Relations:
Taxes
levied by the centre but collected and used by the states: The stamp duties,
Excise duties, medicinal and toilet preparations come under this.
Taxes
levied and collected by the centre but given to the states: The property tax,
taxes on goods carried by railways, Sea, airways and so on come under this.
Taxes
levied and collected by the centre but distributed between centre and states:
Income tax other than corporate tax and such other residual taxes come under
this.
In addition to this, Centre
also gives many grants and loans to the states from time to time.
Conclusion:
When
we observe the centre-state relations in India, the power position given to the
central government is clearly known. Hence, Indian political system is federal
but unitary.
Language Issues:
No comments:
Post a Comment