Significant Provisions

Amendments to the Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An amendment bill must be passed by both the Houses of the Parliament by a two-thirds majority and voting. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures. By June 2013, the Parliament had presented 118 amendment bills, of which 98 had passed to become Amendment Acts.

Preamble

The Preamble of the Indian Constitution is a brief introductory statement that sets out the objectives and purposes of the Constitution. It lays down the principles on which the Constitution is based, such as justice, liberty, and equality. The Preamble also declares India to be a Sovereign, Socialist, Secular, Democratic Republic.

Inspiration for Preamble to the constitution

Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947, laid down the ideals behind the Preamble to India’s Constitution.
While not enforceable in court, the Preamble states the Constitution’s objectives and assists in interpreting Articles when language appears ambiguous.

What does the Preamble indicates?

The Preamble indicates:

1) Source of the authority of the Constitution lies with the people of India.

2) It declares India to be a socialist, secular, secular, democratic and a republic nation.

3) The objectives stated in the Preamble are to secure justice, liberty, equality to all citizens. It seeks to promote fraternity among the people assuring the dignity of the individual and the unity and integrity of the nation.

4) It mentions the date (November 26, 1949) on which the constitution was adopted.

Significance of the Preamble

The preamble is regarded as the spirit and spine of the Indian constitution. The preamble provides a concise overview of the Indian constitution. The significance of the Preamble can be seen in the following ways:

a) Prelude or introduction to the constitutional laws: The preamble provides an introduction to the constitution, setting a framework for the foundational principles.
b) Meaning of the Preamble: The preamble’s primary aim is to clarify the definition of certain fundamental terms and philosophy, and it also outlines the specific details that require definition.
A preamble can also restrict the meaning or interpretation of a particular phrase, detail descriptions, or add further definitions.
c) Scope of the preamble: The key purpose of the preamble is to explain the concept or principles behind the constitutional laws. Besides, the preamble outlines the core values that define the constitution and the aims & objectives of the constitution.
d) Declaration: The Preamble does not accord authority but provides the foundational basis for the constitution.
- It declares India a sovereign, socialist, secular, and democratic republic.
- Citizens are entitled to Justice, Equality, and Liberty
- Intent to promote a sense of fraternity (or sense of community/brotherhood) among the citizens

Fundamental Rights

The Indian Constitution guarantees a set of fundamental rights to its citizens. These rights include right to freedom of speech and expression, freedom of religion, right to life and liberty, and right against exploitation, among others. These fundamental rights are essential to protect the basic human rights of every individual.

The Constitution of India guarantees Fundamental Rights to citizens and residents under Part III of the constitution of India.
Article 19 outlines six freedoms.
- Speech and Expression
- Assemble Peaceably without Arms
- Form Association
- Move freely throughout territory of India
- Reside and settle in any part of territory of India
- Practice any profession or carry out any occupation, trade or business

Significance

But all these are subject to restrictions known as “REASONABLE RESTRICTIONS”.
This is based on the principle that one cannot take away someone’s else’s rights while exercising their rights.
Article 19 Clauses (2) to (6) enlist these reasonable restrictions.

Directive Principles of State Policy

The Constitution also includes the Directive Principles of State Policy, which provide guidelines to the government to ensure social justice and promote welfare among its citizens. These principles may not be enforceable by a court of law, but they are fundamental to the governance and development of the country.

Introduction: The Indian constitution derives the Directive Principles of State Policy (DPSP) from the Irish constitution and establishes them as a set of guiding principles for the government. The Directive Principles resemble the “Instrument of Instructions” in the Government of India Act, 1935.

The purpose of DPSP is to establish a welfare state and promote economic and social democracy in the country.
The courts cannot legally enforce DPSPs if they are violated, and it is important to note this.

Amendments in the DPSP:

42nd Constitutional Amendment in 1976: Added directives in part IV, including Article 39A for free legal aid to the poor, Article 43A for worker participation in industrial management, and Article 48A for environmental protection.
The 44th Amendment in 1978 inserted Section-2 in Article 38 for state efforts in minimizing economic inequalities and removed the Right to Property as a Fundamental Right.
The 86th Amendment in 2002 modified Article 45 and made elementary education a fundamental right under Article 21A.

Judicial Evolution of Conflict between DPSP vs Fundamental Rights:

Case Name	Year	Outcome
Champakam Dorairajan Case	1951	SC held that the Directive Principles are not enforceable by court as per Article 37. Fundamental Rights have supremacy over Directive Principles.
Golak Nath Case	1967	SC declared that Fundamental Rights cannot be abridged or diluted in order to implement the Directive Principles.
Kesavananda Bharati Case	1973	SC ruled that the Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter its basic structure.
Minerva Mills Case	1980	SC emphasized the harmony between Part III (Fundamental Rights) and Part IV (Directive Principles), considering them as two wheels of the chariot in establishing an egalitarian social order.

Importance of DPSP:

Key idea	Importance
Fundamental to governance	Essential for country’s governance (Art. 37).
Idea of welfare state	Introduces concept of welfare state.
Guidance to legislatures	Sets ideal for policy and law making.
Reflection of Preamble	Aims for social, economic, political justice.
Four pillars of Indian Constitution	Supports Justice, Liberty, Equality, Fraternity.

Key Arguments Against DPSPs:

Non-enforceable: Resource constraints and the potential for better laws make them non-enforceable.
Disorganized: The arrangement mixes Gandhian, Socialist, and Liberal philosophies without clear logic.
Potentially regressive: Some provisions can be reactionary or regressive, such as the Uniform Civil Code.
Potential for conflict: They can cause constitutional conflicts between federal and state governments.
Resource-intensive: Implementation of many DPSPs seem difficult due to very high cost associated

Schemes & Initiatives to give effect to DPSPs:

DPSP Article	Program/Initiative
Article 38	Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), Pradhan Mantri Jan Dhan Yojana (PMJDY), MUDRA scheme
Article 39A	National Legal Services Authority (NALSA) to aid poor people
Article 39	Pradhan Mantri Kaushal Vikas Yojana (PMKVY), Skill India, Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY)
Article 40	73rd and 74th Amendment, PM Adarsh Gram Yojna, Aspirational District Programs
Article 41	Mid-Day Meal Scheme, National Rural Livelihood Mission (NRLM), Rights of Persons with Disabilities Act, 2016
Article 42	Maternity Benefit Act, Factories Act, Minimum Wages Act
Article 43	Minimum Wages Act, Code on Wages, 2019
Article 44	Abolition of Triple Talaq, UCC in Goa
Article 45	Sarva Shiksha Abhiyan
Article 46	Reservation of SC, ST & OBCs, EWS
Article 47	National Health Mission, Swachh Bharat Abhiyan, Poshan Abhiyaan, Prohibition on Alcohol in states like Bihar, Gujrat
Article 48	Beef Ban across multiple states
Article 49	Adopt a Heritage Scheme, National Museum, Indira Gandhi National Centre for the Arts
Article 50	Striking down of NJAC by Supreme Court

Fundamental Duties

Facts for Prelims:

The idea of this section was taken from the USSR constitution.
Enumerated in Part IV(A) and consist of single Art. 51

Fundamental duties like DPSP are non-justiciable
Added by 42nd CAA 1976, on recommendations of Swaran Singh committee (Committee recommended only Eight Duties, amendment added ten duties)
In addition, one more duty added by 86th CAA 2002 – 51A(k) = Total 11 duties.
Japanese constitution is one of the other democratic nations which have a provision dealing with the duties of its citizens.
FD apply only to citizens and DO NOT EXTEND TO FOREIGNERS

Swaran Singh Committee on Fundamental Duty:

It opined that in addition to enjoyment of certain rights by the citizens they also have certain duties to perform as well. This recommendation was accepted by the government
A new section Part IVA was added and only one article was inserted in it

The committee did not accept some recommendations, including:

Parliament may provide for any penalty for failure to adhere to any FD
Courts could not question laws imposing such penalties.
Duty to pay taxes should also be a fundamental duty of the citizens

Importance of Fundamental Duties- Part IV- A

Fundamental Duties are an important part of fundamental rights:

Sl.No.	Importance of Fundamental Duties
1	A reminder of citizens’ duty towards the society and nation.
2	Warn the citizens against anti-social as well as anti-national activities.
3	Inspires citizens and also promotes a sense of discipline and commitment
4	Help the courts with the examination and also the determination of the constitutional validity of a law.

Criticism of Fundamental Duties

Critics have labeled the Fundamental Duties a set of moral principles due to their non-justiciable nature, deeming their inclusion in the constitution unnecessary.
Critics criticized some duties for their vagueness, ambiguity, and difficulty in understanding.
The Fundamental Duties do not cover many other important responsibilities such as family planning and paying taxes.
Inclusion in the form of an appendage to Part IV of the Constitution has reduced its importance.

Conclusion

Overall, the Indian Constitution is a comprehensive document that lays down the basic framework of governance and democracy in India. The above provisions are just some of the highlights of the Constitution that have helped shape and govern the country. Even after 70 years of its adoption, the Constitution continues to guide the democratic system of India.

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