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India

 
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India

Fundamental Rights

The Fundamental Rights embodied in the constitution are guaranteed to all citizens. These civil liberties take precedence over any other law of the land. They include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil rights such as habeas corpus. In addition, the Fundamental Rights are aimed at overturning the inequities of past social practices. They abolish "untouchability"; prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth; and forbid traffic in human beings and forced labor. They go beyond conventional civil liberties in protecting cultural and educational rights of minorities by ensuring that minorities may preserve their distinctive languages and establish and administer their own education institutions. Originally, the right to property was also included in the Fundamental Rights; however, the Forty-fourth Amendment, passed in 1978, revised the status of property rights by stating that "No person shall be deprived of his property save by authority of law." Freedom of speech and expression, generally interpreted to include freedom of the press, can be limited "in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence" (see The Media, this ch.).

Directive Principles of State Policy

An important feature of the constitution is the Directive Principles of State Policy. Although the Directive Principles are asserted to be "fundamental in the governance of the country," they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated in the constitution's preamble.

In some cases, the Directive Principles articulate goals that, however admirable, remain vague platitudes, such as the injunctions that the state "shall direct its policy towards securing . . . that the ownership and control of the material resources of the community are so distributed to subserve the common good" and "endeavor to promote international peace and security." In other areas, the Directive Principles provide more specific policy objectives. They exhort the state to secure work at a living wage for all citizens; take steps to encourage worker participation in industrial management; provide for just and humane conditions of work, including maternity leave; and promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other disadvantaged sectors of society. The Directive Principles also charge the state with the responsibility for providing free and compulsory education for children up to age fourteen (see Administration and Funding, ch. 2).

The Directive Principles also urge the nation to develop a uniform civil code and offer free legal aid to all citizens. They urge measures to maintain the separation of the judiciary from the executive and direct the government to organize village panchayats to function as units of self-government. This latter objective was advanced by the Seventy-third Amendment and the Seventy-fourth Amendment in December 1992. The Directive Principles also order that India should endeavor to protect and improve the environment and protect monuments and places of historical interest.

The Forty-second Amendment, which came into force in January 1977, attempted to raise the status of the Directive Principles by stating that no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights. The amendment simultaneously stated that laws prohibiting "antinational activities" or the formation of "antinational associations" could not be invalidated because they infringed on any of the Fundamental Rights. It added a new section to the constitution on "Fundamental Duties" that enjoined citizens "to promote harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic and regional or sectional diversities." However, the amendment reflected a new emphasis in governing circles on order and discipline to counteract what some leaders had come to perceive as the excessively freewheeling style of Indian democracy. After the March 1977 general election ended the control of the Congress (Congress (R) from 1969) over the executive and legislature for the first time since independence in 1947, the new Janata-dominated Parliament passed the Forty-third Amendment (1977) and Forty-fourth Amendment (1978). These amendments revoked the Forty-second Amendment's provision that Directive Principles take precedence over Fundamental Rights and also curbed Parliament's power to legislate against "antinational activities" (see The Legislature, this ch.).

Data as of September 1995

India - TABLE OF CONTENTS
Government and Politics


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