This is our first publicly available article. In this article, we try to explain some rights, directive principles, duties, laws and acts you need to know. First of all, we try to understand the Preamble of the Indian Constitution and Rights we have. In the upcoming articles, we will explain directive principles of the State.
The Preamble
The Preamble of the Indian Constitution, also the first page of the Constitution, states the basic guidelines and principles on which the Constitution is based upon. It is inspired by the Preamble of the Constitution of the United States of America. It goes as follows:
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 26th day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Allow me to explain all of the key words.
- SOVEREIGN: In literal words, it is the ability to define oneself as the supreme power and hold a status. However, international laws add more sense to this. International laws also depict that a sovereign country has a permanent population, defined territory, one government and the capacity to enter into relations with other sovereign states.
- SOCIALIST: A socialist nation is a sovereign state in which everyone in society equally owns the factors of production. This “equal ownership” can be in various factors such as elections in a democracy or a public corporation in which everyone owns some share. It is important to note that no country has achieved full socialism. However, India is counted under one of the most socialist nations.
Neither the Nazi nor Adolf Hitler were socialists. Germany was not a socialist country during the reign of Adolf Hitler.
- SECULAR: Secular — this word is in a lot of controversy today. A secular state does not interfere in religious matters. It would neither support a religious community nor undermine a religious community.
- DEMOCRATIC REPUBLIC: This term is made up of two different words. So, let us break it down. Democracy is any country ruled by the people. There are two kinds of democracy — Direct and representative. In direct democracy people decide how the country is to be governed by creating laws and amending existing ones. Switzerland is an example of a direct democracy. Coming to representative democracy, in a representative democracy people choose their representatives who decide how the government is to be governed. They also create and amend laws. India is a great example of representative democracy. During elections, we choose our representatives, who represent us, and discuss various laws and acts in the Parliament. India has a democracy index of 6.9 and thus, ranks 51st. We have talked about democracy. Now let’s see “republic”. A republic country has no king and won’t practice monarchy or autocracy.
- JUSTICE: It is a concept in which people behave fairly, equally and balanced to everyone.
- LIBERTY: It is the ability for a person to act according to their own will to achieve their potential. A liberal is a person who has faith in the philosophy or concept of liberty. Classic liberalism begins with the various freedom required to all individuals.
- EQUALITY: Equality is a concept that states all people should be treated equally. In other words, the law and the state must treat every person equally despite of their gender, religion, community, birth place, etc. Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states:
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
- FRATERNITY: Fraternity means brotherhood. Therefore, everyone should be friendly to each other.
The Constitution of India finished drafting on 26 November 1949. It was successfully adopted by the whole nation on 26 January 1950. Every year, 26 November is celebrated as Republic day of India. It is also a national holiday.
Rights
The Constitution of India has provided us with several rights. These rights enable the citizens of a country to do certain tasks. The fundamental rights are the core rights provided to every citizen and are rock-solid at their base. No person can be evicted of their rights, especially fundamental rights. There are six fundamental rights:
1. The right to equality (Article 14 to 18) includes equality before the law, the prohibition of discrimination on grounds of religion, race, caste, sexual orientation, gender or gender identity and/or place of birth, equality of opportunity in matters of employment, the abolition of untouchability and abolition of titles.
2. The right to freedom (Article 19 to 22) includes freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation.
3. The right against exploitation (Article 23 to 24) prohibits all forms of forced labour, child labour and trafficking of human beings. Children under age of 14 are not allowed to work.
4. The right to freedom of religion (Article 25 to 28) includes freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes.
5. The Cultural and educational Rights (Article 29 to 30) preserve the right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice.
6. The right to constitutional remedies (Article 32) is present for enforcement of fundamental rights.
Additional rights
Along with fundamental rights there are also other rights that are worth to know about. Here are they:
- Right to life and Personal liberty: This right states that no individual will be denied his life or individual freedom aside from as per method set up by law. It explicitly makes reference to that no individual will be denied life and freedom aside from according to the technique set up by law.
- Right to protest: Although the word ‘protest’ is not mentioned, several rights and freedom policies all together form a right to protest.
- Right to Get Water: As the name suggests, it is the right to access water. The Supreme Court of India assigns the Right to Get Water under the Right to Life. It is provisioned under article 21.
- Right to Food: Similar to Right to Get Water, this right provides the citizens of India with the ability to access food. This is also written on article 21. Today hunger and malnutrition are two global challenges every country is facing. India ranks 94 among 107 nations in the Global Hunger Index 2020.
- Right to Education: It might not be a surprise, but Right to Education is essential. This right enables citizens with the ability to have access to education. The 86th Constitution Amendment Act 2002. The act amended three provisions of the constitution to ensure understanding of free and compulsory education to children between 6 to 14 years as a fundamental right. You can learn more about the amendment here.
- Right to Constitutional Remedies: This right provides legal remedies for the protection of these rights against in case of their violation by the State or other institutions/individuals. It entitles the citizens of India to move the Supreme Court or High Courts for the enforcement of these rights. The State is forbidden from making any law that may be in conflict with the Fundamentals Rights.
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