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Judicial Review, Has Increased the Scope of Right to Life Under – Now Right to Education, Clean Air, Shelter, Privacy, Etc Directive Principles of State Policy

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Judicial Review, Has Increased the Scope of Right to Life Under – Now Right to Education, Clean Air, Shelter, Privacy, Etc Directive Principles of State Policy Philosophy of the Indian Constitution Past year’s paper analysis and guide DU, SOL, IGNOU BA HONS. POLITICAL SCIENCE EXAM HELP Philosophy, Preamble, and features of Indian Constitution • 2017 • The Preamble of Indian Constitution is a reflection of its Philosophy, Comment. • 2016 • Elucidate and discuss the features of Indian Constitution. To what extent does preamble reflect these features. • 2015 • Explain the philosophy of the Indian Constitution. What do we mean by philosophy of constitution? • Political Philosophy behind the constitution • Conceptual structure of the constitution • what are the possible meanings of terms used in the constitution such as ‘rights’, ‘justice’, ‘minority’ or ‘democracy’? • Vision of the constitution • set of ideals embedded in the constitution. • Moral and ethical underpinnings of the constitution • use it to arbitrate between varying interpretations of the many core values in our polity. Why do we need to understand philosophy of the constitution? • To understand the actual meaning of constitutional legal texts/words • Evaluate the current political practices • Unearth underlying theme, thought process, real point behind several of our legal and political practices. Factors shaping the philosophy • National Independence movement- anti-colonial movement • Movements for liberty, equality, justice in other parts of world • French Revolution • American Revolution • Bolshevik Revolution • Constitution making in other nation states • Partition, blood bath, communal tension and other socio-economic contexts during framing of the constitution • Debate, deliberations of the constituent assembly How do we know the philosophy of the constitution? • Objective resolution • Preamble • Debates of constituent assembly • Reflections of scholars and constitutional experts • Interpretations of constitution by Judiciary Philosophy of the Constitution • Synthesis of liberalist ideology with communitarian and socialist ideology • Individual liberty vs socio-economic justice • Acknowledging group identity- equal status and Freedom to both individual and community • Political and social transformation • Universal adult suffrage- political equality • Directive principle of state policy • Equality of status, opportunity, equal protection of law, rule of law • Vision of caste and class less society • Non-western conception of secularism • Principled distance but State may intervene both ways in religious matter • Article 25, and 26 : freedom of religion to individual and community • Asymmetric Federalism to maintain unity and integrity of nation and to accommodate aspirations of diversity of federating units • Deep commitment to protection of rights of minority, and marginalized communities • Article 26, 29, 30, 46, 6th schedule Other Features of the Constitution • Parliamentary form of Government • Independence of Judiciary • Division and balance of power • Detailed procedure and institutional design References • Introduction to the Constitution of India : D.D. Basu • Constitutional Democracy and Government in India: Ruchi Tyagi • Recommended reading list of DU syllabus for this paper • Materials available on WWW and you tube videos THANK YOU! GOOD LUCK ! Fundamental Rights As contained in Indian Constitution Discussion focussed on CBSE Class 11 syllabus of Political science What are Fundamental Rights? • Bill of rights to citizens • Specifically enshrined in the constitution • Guaranteed by constitutional provisions • Can not be taken away easily • Ensures fundamental human rights i.e. Liberty, freedom, equality, and dignity From Where the Concept Came In • Emantes from the Preamble, which resolves to secure Justice, equality, and liberty to all Indian Citizen • England's Bill of Rights, • United States Bill of Rights, • France's Declaration of the Rights of Man Fundamental Rights in Indian Constitution • Contained in part III of the constitution • From article 14 to 32 • Right to equality : article 14 to 18 • Right to Freedom : article 19 to 22 • Right against exploitation : article 23 to 24 • Right to freedom of Religion: article 25 to 28 • Cultural & Educational Rights: article 29 to 30 • Rights to constitutional remedies : article 32 Right to Equality • Article 14 : Equality before law • Equality before the Law • Equal Protection of Law • Article 15 : No discrimination on grounds of religion, race, caste, sex or place of birth • Article 16 : Equality of opportunity in matters of public employment • Article 17 : Abolition of Untouchability • Article 18 : Abolition of titles Right to Freedom • Article 19 • Freedom of speech & Expression • Freedom to assemble, associate, move and reside within India, to practise any profession • Article 20 • Protection in respect of conviction for offences • Article 21 • Protection of life and personal liberty • Article 21 A : Right to Education • Article 22 • Protection against arrest and detention in certain cases Right against Exploitation • Article 23 • Prohibition of traffic in human beings and forced labour • Article 24 • Prohibition of children in hazardous job Right to Freedom of Religion • Article 25 • Freedom of conscience and free profession, practice and propagation of religion • Article 26 • Freedom to manage religious affairs • Article 27 • Freedom as to payment of taxes for promotion of any particular religion • Article 28 • Freedom as to attendance at religious instruction or religious worship in certain educational institutions Educational & Cultural Rights • Article 29 • Rights to Minorities to protect their language, Script, culture, etc • Article 30 • Right of minorities to establish and administer educational institutions Right to Constitutional Remedy • Article 32 : • right to approach Supreme Court for the enforcement of the rights • Writs: HC, article 226 and SC-article 32, can issue writs to protect the rights • habeas corpus • mandamus • prohibition • quo warranto • certiorari Do we have too much or too less of rights? • Modern constitution such as of South Africa provides extensive array of rights such as right to dignity, privacy, housing, children’s right, etc • In that comparison our guaranteed rights are limited • Some may feel that almost all rights are further limited by multiple conditions put as proviso attached to each article in part III • However, SC by its power of Judicial Review, has increased the scope of right to life under – now right to Education, clean air, shelter, privacy, etc Directive Principles of State Policy • Contained in part IV – article 36 to 51 • Inspired by Irish constitution • Policy guidelines and aspirational statements set as guidance • Some directives • Establishment of welfare state: 38,39,42,43,46,47 • Obligation of state on educational and cultural matter: 45, 49 • Distributive Justice, social control of production: 39 • Right to work ,Living wages for workers: 43 • Uniform civil code : 44 • Nutrition &health: 47 • Educational and economic interests of SC, ST, weaker sections: 46 • Environmental protection: 48A FR Vs. DPSP Fundamental Rights Directive Principles Negative rights: Limits the authority of Positive rights: exhort the government the state to become ideal welfare state Protects individual liberty Ensures Socio-economic justice Conforms to Liberalism Guided by socialist, communitarian, societarian ideologies Justiciable – Article 32 and 226 Non-Justiciable part of ‘Basic Structure 'of the Not Considered as part of ‘Basic Constitution Structure’ No law required to implement rights Law required to implement Directives Courts can struck laws contravening FR Court can validate the sanctity of any law enacted to implement DPSP FR Vs DPSP: Traversing the legal interpretations • Champakam Dorairajan case- 1951 • DPSP subordinate/subsidiary to FR • FR can be amended by parliament • Golaknath case: 1967 • FR unalterable, sacrosanct • Amendment Act ‘law’ under 13(2) • 24th , 25th amendment : 1971 • Parliament had amending power to FR • Any law to give effect to DPSP contained in 39(b) and 39(c)- distributive justice and social control of means of production shall be out of judicial review on the ground that it contravened FR under 14 and 19 FR VS DPSP • Keshavnanda Bharti case- 1973 • Amendment act within the purview of Judicial Review • Basic structure doctrine • Parliament has limited power to amendment • 42nd amendment- 1976- expanded scope of 31(c)- instead of 39(b) and 39(c) all of part IV –DPSP came in its preview • But this extension was struck down by Minerva Mill Case-1980 So Where It Finally Lands To? • FR can be amended by due process of law • But basic structure of constitution can not be altered by such amendments • DPSP 39(b) and 39(c) prevails over FR 14 and 19 • FR and DPSP complements each other, go hand in hand • By citing DPSP, Judiciary has expanded the scope of FR • Right to Education: DPSP 45 • Right to pollution free environment : DPSP 47 , 48(A) • Right to shelter: DPSP 39, 46 • Right to health: DPSP 38,39,41,42,43 • Right to Food: DPSP 47 FUNDAMENTAL RIGHTS Vs DIRECTIVE PRINCIPLE OF STATE POLICY in HINGLISH! Guide on how to approach the probable questions BA Hons. Pol. Science Constitutional Govt. and Democracy in India What is in store? • Previous year’s questions. • FR and DPSP as contained in our constitution • FR vs DPSP • How conflict between FR and DPSP were interpreted and harmonized by Judiciary Previous year’s questions • 2017 • Write an Essay on the importance of fundamental rights with special reference to article 19. • Notes : right to equality • 2016 • Do you agree that
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