Public Participation in the United Nations Declaration of , International Covenant on Economic, Social and Cultural Rights and the Constitution of India

Janyl Moldalieva & Arip Muttaqien Preamble

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; • 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 2[unity and integrity of the Nation]; India’s Constitution at a Glance

• The longest written constitution of any sovereign country. • 395 articles (actual article is 448, eg: 2A, 31A, etc in order not to disturb the original order), in 22 parts, 12 schedules, 2 appendices. • 98 times amendments (out of 120 Constitution Amendment Bills). • English version and Hindi translation. • Parliamentary system. Prime Minister is the head of . President performs ceremonial roles. • Federal state. Special status for Jammu and Kashmir. • Adopted by the India Constituent Assembly on 26 November 1949 and it came into effect on 26 January 1950. It replaced the Government of India Act 1935. • Previous constitution: Govt of India Act 1958, Indian Councils Act 1861, Indian Council Act 1892, Indian Councils Act 1909, Govt of India Act 1919, Govt of India Act 1935, Indian Independence Act 1947. The Contents

• Part III: Fundamental Rights: art 12 – 35. • Definition: art 12 – 13. • Right to Equality: art 14 – 18. • Right to Freedom: art 19 – 22. • Right against Exploitation: art 23 – 24. • Right to : art 25 – 28. • Cultural and Educational Rights: art 29 – 31. • Saving of Certain Laws: art 31A – 31D. • Right to Constitutional Remedies: art 32 – 35. • Part IV: Directive Principles of State Policy: art 36 – 51. • Part XV: Elections: art 324 – 329A. • Part XVI: Special Provisions Relating to Certain Classes: art 330 – 342. Comparison

UDHR ICESCR Constitution of India Art 19: Everyone has the right to Art 8 (1). The States Parties to the Right to Freedom freedom of opinion and expression; present Covenant undertake to Art 19 (1). All citizens shall have the this right includes freedom to hold ensure: (a) The right of everyone to right—(a) to and opinions without interference and to form trade unions and join the trade expression;(b) to assemble peaceably seek, receive and impart information union of his choice…for the and without arms;(c) to form and ideas through any media and promotion and protection of his associations or unions; regardless of frontiers. economic and social interests. No restrictions may be placed on the Art 20 (1). Everyone has the right to exercise of this right other than those freedom of peaceful assembly and prescribed by law and which are association. necessary in a democratic society in the interests of national security or Art 21 (1). Everyone has the right to public order or for the protection of take part in the government of his the rights and freedoms of others; country, directly or through freely (d) The right to strike, provided that chosen representatives.(2) Everyone it is exercised in conformity with the has the right of equal access to public laws of the particular country. service in his country.

UDHR ICESCR Constitution of India Art 27(1). Everyone has the right Art 15 (1). The States Parties to the Public participation freely to participate in the cultural present Covenant recognize the right of 43A. The State shall take steps, by life of the community, to enjoy the everyone: (a) To take part in cultural life; suitable legislation or in any other arts and to share in scientific way, to secure the participation of advancement and its benefits. Art 1 (1). All peoples have the right of workers in the management of self-determination. By virtue of that undertakings, establishments or other right they freely determine their organisations engaged in any industry. political status and freely pursue their economic, social and cultural 15. (1) The State shall not discriminate development. against any citizen on grounds only of religion, race, caste, sex, place of Art 2 (2). The States Parties to the birth or any of them.(2) No citizen present Covenant undertake to shall, on grounds only of religion, guarantee that the rights enunciated in race, caste, sex, place of birth or any the present Covenant will be exercised of them, be subject to any disability, without discrimination of any kind as to liability, restriction or condition with race, colour, sex, language, religion, regard to—(a) access to shops, public political or other opinion, national or restaurants, hotels and places of social origin, , birth or other public entertainment; or(b) the use of status. wells, tanks, bathing ghats, roads and places of public resort maintained Art 3. The States Parties to the present wholly or partly out of State funds or Covenant undertake to ensure the equal dedicated to the use of the general right of men and women to the public. enjoyment of all economic, social and cultural rights set forth in the present Covenant. UDHR ICESCR Constitution of India Art 5 (1). Nothing in the present Art 21. No person shall be deprived of Covenant may be interpreted as his life or personal liberty except implying for any State, group or according to procedure established person any right to engage in any by law. activity or to perform any act aimed Art 16 (1). There shall be equality of at the destruction of any of the opportunity for all citizens in matters rights or freedoms recognized relating to employment or herein, or at their limitation to a appointment to any office under the greater extent than is provided for in State. the present Covenant. Art 22 (1). Freedom of conscience and free profession, practice and Art 6 (2). The steps to be taken by a propagation of religion State Party to the present Covenant Art 30 (1). All minorities, whether to achieve the full realization of this based on religion or language, shall right shall include technical and have the right to establish and vocational guidance and training administer educational institutions programmes, policies and techniques of their choice. to achieve steady economic, social Art 46. The State shall promote with and cultural development and full special care the educational and and productive employment under economic interests of the weaker conditions safeguarding fundamental sections of the people, and, in political and economic freedoms to particular, of the Scheduled Castes the individual. and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

UDHR ICESCR Constitution of India Art 21(1). Everyone has the Art 1(1). All peoples have the Right to be Voted right to take part in the right of self-determination. By Art 325. There shall be one general electoral roll for government of his country, virtue of that right they freely every territorial constituency for election to either directly or through freely determine their political status House of Parliament or to the House or either House chosen representatives.(2) and freely pursue their of the Legislature of a State and no person shall be Everyone has the right of economic, social and cultural ineligible for inclusion in any such roll or claim to be equal access to public development. included in any special electoral roll for any such service in his country. (3) constituency on grounds only of religion, race, caste, Elections sex or any of them.

Right to Vote Art 326. The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult ; that is to say, every person who is a citizen of India and who is not less than [eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non- residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

UDHR ICESCR Constitution of India Art 21(1). Everyone has the right to Art 2 (2). The States Parties to the Special provision relating to certain take part in the government of his present Covenant undertake to classes to guarantee political country, directly or through freely guarantee that the rights enunciated representation to the Schedules chosen representatives.(2) Everyone in the present Covenant will be Castes (SC) and Scheduled Tribes (ST). has the right of equal access to public exercised without discrimination of Sometimes referred to as Dalit. service in his country. (3) Elections any kind as to race, colour, sex, Traditionally, Dalit is regarded as language, religion, political or other “untouchable”. Reservation status opinion, national or social origin, guarantee political rights: Part XVI, property, birth or other status. art 330 – 342 (Special Provision Relating to Certain Classes).

Art 15 (1). The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

Art 17. “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

APPENDICES The Contents

• Part I: The Union and Its Territory: art 1 – 4. • Part II: : art 5 – 11. • Part III: Fundamental Rights: art 12 – 35. • Definition: art 12 – 13. • Right to Equality: art 14 – 18. • Right to Freedom: art 19 – 22. • Right against Exploitation: art 23 – 24. • Right to Freedom of Religion: art 25 – 28. • Cultural and Educational Rights: art 29 – 31. • Saving of Certain Laws: art 31A – 31D. • Right to Constitutional Remedies: art 32 – 35. • Part IV: Directive Principles of State Policy: art 36 – 51. • Part IVA: Fundamental Duties: art 51A. The Contents

• Part V: The Union: art 52 – 151. • Chapter I: The Executive: art 52 – 78. • Chapter II: The Parliament: art 79 – 122. • Chapter III: Legislative Powers of the President: art 123. • Chapter IV: The Union Judiciary: art 124 – 147. • Chapter V: Comptroller and Auditor-General of India: art 148 – 151. • Part VI: The States: art 152 – 237. • Chapter I: General: art 152. • Chapter II: The Executive: art 153 – 167. • Chapter III: The State Legislature: art 168 – 212. • Chapter IV: Legislative Power of the Governor: art 213 . • Chapter V: The High Courts in the States: art 214 – 231. • Chapter VI: Subordinate Courts: art 233 – 237.

The Contents

• Part VII: The States in Part B of the First Schedule: art 238. • Part VIII: The Union Territories: art 239 – 242. • Part IX: The Panchayats: art 243 – 243O. • Part IXA: The Municipalities: art 243P – 243ZG. • Part X: The Schedules and Tribal Areas: art 244 – 244A. • Part XI: Relations between the Union and the States: art • Chapter I: Legislative Relations: art 245 – 255. • Chapter II: Administrative Relations: art 256 – 263. • Part XII: Finance, Property, Contracts and Suits: art 264 – • Chapter I: Finance: art 264 – 291. • Chapter II: Borrowing: art 292 – 293. • Chapter III: Property, Contracts, Rights, Liabilities, Obligations and Suits: art 294 – 300. • Chapter IV: : art 300A.

The Contents

• Part XIII: Trade, Commerce and Intercourse within the Territory of India: art 301 – 307. • Part XIV: Services under the Union and the States: art 308 – 323. • Chapter I: Services: art 308 – 314. • Chapter II: Public Service Commissions: art 315 – 323. • Part XIVA: Tribunals: art 323 A – 323B. • Part XV: Elections: art 324 – 329A. • Part XVI: Special Provisions Relating to Certain Classes: art 330 – 342. • Part XVII: Official Language: art 343 – 351. • Chapter I: Language of the Union: art 343 – 344. • Chapter II: Regional Languages: art 345 – 347. • Chapter III: Language of the Supreme Court, High Courts, etc: art 348 – 349. • Chapter IV: Special Directives: art 350 – 351. The Contents

• Part XVIII: Emergency Provisions: art 352 – 360. • Part XIX: Miscellaneous: art 361 – 367. • Part XX: Amendment of the Constitution: art 368 • Part XXI: Temporary, Transitional and Special Provisions: art 369 – 392. • Part XXII: Short Title, Commencement, Authoritative Text in Hindi and Repeals: art 393 – 395.