Our Constitution - Indian Civics Textbook PDF

RULES AND LAWS Family is the basic unit of society. It comprises of various institutions and organisations at different levels. The smooth functioning of all such units depends upon certain rules and laws which are recognised bya country ora community to regulate the actions of its members. Thin...

RULES AND LAWS Family is the basic unit of society. It comprises of various institutions and organisations at different levels. The smooth functioning of all such units depends upon certain rules and laws which are recognised bya country ora community to regulate the actions of its members. Think of what would happen if we all do not follow traffic rules while driving or walking on the road. Every individual wou\d feel unsafe. We all need tofollow rules and regulations to regulate our day to day life. Rule of Law Rule of law means that every citizen of the country is equal in the eyes of law. There is no discrimination on the basis of caste, religion, sex, social or economic status. Everybody is required to followa set of laws, be it the people or government officials or the elected representatives of people, who form thegovernment. In fact, rule of law is the basic foundation ofa democratic system and the basis of all types of equalities. Therefore, rule of law demands that those who are occupying positions of power should not be allowed to actin an arbitrary or an unlawful manner. On the other hand, the common man should be provided protection by law to enable her/him to enjoy equal rights. But let us not forget that equal rights are not possible without discharging equal responsibilities. THE CONSTITUTION A constitution isa body offundamental rules according to which the government ofa country functions. It contains the powers and functions of the various organs of the government and their mutual relationship. It also defines the rights of the citizens and the relation between the government and its citizens. Therefore, in the Indian democratic set-up, the Constitution isa pivot and the primary source of our laws. It givesa detailed description of fundamental principles on the basis of which the laws are made andthecountry works. Need ofCorlStitution India isa vast country with various physical, cultural and social diversities. Different peop! belonging to different regions, who speak different languages, have very different lifestyles. Though different in beliefs and actions, they have many things in common. Yet, they may or may notagree on all the issues. Therefore, the Constitution providesa set of rules, principles and laws acceptable to almost all, as the basis of life and governance ofthe country. It isa multipurpose document whiC*  meet these t›t rst0our needs, requirements, future aspirations and the ideals set before us. To py/E'mf?nts, theConstitution serves the following purposes: Defines the nature ofa country's political system. Provides certain significant guidelines that help in decision making withina democratic set-up. Lays down rules and provides safeguards against misuse of power and abuse of authority which leads to gross injustice by those in power. i Cuarantees certain rights based on equality to establish social, political and economic justice. Ensures that minority groups are not deprived of the benefits available to the majority group. Ensures that the majority group does not dominate the minorities. Guards our national interests. Does not allow dictatorial or biased decisions which may change the very basic structure of the constitution. Playsa crucial role in democratic societies towards the achievement of desired goals. Vision and Values of indian Constitution The constitution ofa country reflects its distinctive features, culture and ethos. The Constitutions of France and the US (United States) are the products of political revolutions. But the British Constitution is not written as it is the outcome of gradual evolution. Unlike the US and the UK (United Kingdom), the Constitution of India is the result of serious deliberations ofa representative body called the Constituent Assembly, which was an indirectly elected body. Most ofthe members of this Constituent Assembly represented Hindus, Muslims, Sikhs, Anglo-Indians, Christians, Iñarj“ans, Parsis, etc. The Assembly included eminent personalities like Jawaharlal Nehru,  Therefore, the Preamble was included in the beginning of the Constitution , The Preamble is an introduction to the Constitution and is non-justiciable. lt contains the political philosophy, aims, objectives and basic purposes of the Constitution. lt is called the Soul of the Indian Constitution, The courts regard it asa key to interpret the Constitution, Let us look at the Preamble to the Constitution of India.  set us stUdy some ofthesalient features of the Indian Constitution that have been incorporated ttaChieveour Flational goals given in the Preamble. The founding fathers of the Indian Constitution tried to incorporate the principles cherished by theleaders of the freedom struggle. They also tried to adopt the best features of the Constitutions tt England, USA (United States of America), Canada, Ireland, etc. Therefore, our Constitution isa combination of good features of several constitutions. The needs and aspirations of the people have Piso been translated into ideals and rules in the Constitution.  BASIC FEATURES OF OUR CONSTITUTION Unique Constitution The chief characteristi c of the Constitution of India is its uniqueness. The best features of many existing constitutions of the world were modified and adapted to our needs and conditions.Th«s, theConstitution of India isa combination of many good points of several constitutions. At the same time, the needs and aspirations of the people were also not ignored. The Lengthiest Constitution The Constitution of India is the lengthiest and the most detailed Constitution of the world. It is divided into 22 parts and has 395 Articles and 12 Schedules. The Constituent Assembly spent2 years 11 months and 1B days to complete its final draft on November 26,1949 but it was adopted and enforced on January 26, 1950. Written Constitution Indian Constitution isa written constitution. lt was drafted and enacted by the Constituent Assembly, specially elected for this purpose. lt was presided over by Dr. Rajendra Prasad. Dr. B.R. Ambedkar was theChaÏflTiarl Of its Drafting Committee. Rigid and Flexible A constitution is called rigid or flexible on the basis of the procedure of its amendments.A rigid constitution is one which cannot be amended easily. On the contrary,a flexible constitution can be amended easily. The strength ofa rigid constitution is that it is stable and isa guarantee against hasty changes.A flexible constitution is considered progressive in nature and helpful in development of the nation. Keeping this in mind, the Constitution of India isa combination of both rigid as well as flexible. It is not onlya sacred document, that is,a framework fordemocratic governance but also an instrument that may require modifications. Accordingly, there are three methods ofamendment. PROCEDURE,Ç OF AMENDMENT OFINDIANCONSTITUTION 1. By Simple Majority: Certain provisions of the Constitution can easily be changed by passing the Amendment Bill by simple majority, which means the bill should be approved byI majority of the members present and voting in both the Houses ofthe Parliament. 2. By Special Majority: The Amendment Bill shall have to be approved by both the Housesoft5e Parliament by (i) absolute majority of total membership and (ii) two-third majority of members present and voting. Most ofthe provisions of our Constitution areamended by this methods 3. Special Majority and Ratification: After the bill is passed by Special Majority in both the Houses ofthe Parliament, it may be approved by the legislatures of at least half of theI tal number ofstates.  Whenever the need was felt, the Indian Constitution was suitably amended according to the relevant demands to achieve national goals or to eradicate certain evil practices. Abolition of Privy Purse, Nationalisation of banks, Reservation for OBC's, Right to Information, Right to Education, Reservation of seats in the local self-bodies for women aresome examples which prove that Indian Constitution is dynamic. It is an ample proof of our commitment to transform India intoa truly seculaF, SOCialist, democratic republic. “’ The Kings or the Princely States, who merged them with India after independence, were paida fixed anrlUal amount ofmoney asa stipend. It was calied Privy Purse. INDIA India isa Sovereign, Socialist, Secular and Democratic Republic India isa sovereign state because the country is free from all external controls. Internally, we are free to take our own decisions. No other country can dictate its policies or terms to us and no body can interfere in our internal affairs. India isa socialist state because socialism is one of the national goals to be achieved. Thus, India is against exploitation in all forms and will try to establish economic justice, without being attached to any particular ideology. India isa secular state. All religions enjoy equal freedom. No discrimination is made on grounds ofreligion. Right to Freedom ofReligion is granted by our Constitution under the Fundamental Rights. India isa democratic state. Our government is elected by the people and the administration of All religions are equal the country is carried out by the elected representatives of the people. The government is run according to some basic rules. ° India iya republic because the Head oftheState, i.e. our President (Rashtrapati)is an elected headfrom amongst thepeople. On the other hand, inspite of beinga democracy, England is nota republicbecause its Head oftheState is hereditary—king/queen. Parliamentary Form ofGovernment We have parliamentary form ofgovernment both atthe centre and in the states. intact, we have adopted this system on British pattern. Ina parliamentary democracy, there isa close relationship between the legislature and the executive. The Council of Ministers is constituted from amongst the members ofthelegislature. It holds the office as long as it continues to enjoy the confidence ofthe legislature. Ina parliamentary form ofgovernment, the Head ofthe State, the President incase of India, isa nominal head. Although, she/he enjoys many powers, but in practice all these powers are exercised by the Council of Ministers headed by the Prime Minister. Federal and Unitary The constitution ofa federation is written and rigid and it divides powers between the centre and the states. There is an independent judiciary which interprets the constitution and settles the disputes. Accordingly, India has a federal system but witha difference. The Central Government, which is also called the Union Government, is so powerful that at times it appears that India is not reallya federation but a unitary state. However, the Constitution of India has several features ofa federation combined with the elements ofa unitary state. Some people describe India asa federation with3 very strong central government. p Universal Adult Franchise, i.e. the Right to Vote was granted in 1950 to every citizen of India above theage of21 years. But 61st Amendment in1988 lowered the age to 18 years. Universal Adult Franchise Universal Adult Franchise means that every citizen of India, who is % years and above, entitled to vote in the elections, without any discrimination of caste, colour, class, religion or gender. It is based on equality which isa basic principle of democracy. This right enables all citizens t0 b* involved in the governance ofthe country through their elected representatives. Single Citizenship In United States of America, there is double citizenship, Every American isa citizen ofh£!f/#i!* state and also of the United States. But in India, we have single citizenship.Therefore, every|FIdi*" irrf2spectiVe of the place where she/he lives, isa citizen of India. There is no citizenship in the name «f the states. All the citizens of India can secure employment anywhere in the country. People, who ‹ali themselves Punjabis, Marathis or Gujaratis, are called so because they speak these languages, and not on the basis of their citizenship. Single Integrated Judicial System India hasa single integrated judicial system. Unlike the judicial system of the United States, we do not have separate federal and state courts. In our country, the entire judiciary is one hierarchy of courts. The Supreme Court of India and the High Courts forma single integrated judicial structure with jurisdiction over all laws. The High Courts have the right of supervision over the Subordinate Courts. India has an independent judiciary, free from the influence of the executive and the legislature. The judges are appointed on the basis of their qualifications but they cannot be easily removed by theexecutive. Therefore,a set procedure is followed about which you will read in Chapter 20 on judiciary. The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are also the basic features of the Constitution of India that prescribe the fundamental obligations of the state to its citizens and the duties of the citizen to the state. We shall be learning about these vital elements of the Constitution in the next chapter. draft:a design/a preliminaryr rm of writing subject to revision/revi ew. governance: a method orsystem ofgovernment/management. hereditary: passing from parent to their offsprings. jurisdiction: the extent of the power tomake legal decisions and judgements. non-justiciable: matters that cannot be decided bya court.. ,' soæetaizsB No mo* A. Tick (/) the correct option. 1. Ina parliamentary form ofgovernment— (a) the executive is answerable to the Parliament. (b) there is no relationship between thelegislature and the executive. (c) the president enjoys real powers as Head ofthestate. (d) the Council of Ministers can be dismissed by the President. 2. The Constituent Assembly of lndia consisted of— (a) directly elected members. (b) indirectly elected numbers. (c) members nominated by the Queen. (d) members nominated by Governor-General of India. 3. Most oftheprovisions of Indian Constitution can be amended by— (a) simple majority. (b) special majority. "”“ (c) special majority with ratification by the State Legislature. (d) simple majority with ratification by the State Legislature. 4. Freedom ofreligion makes India a— {a) Socialist state (b) Sovereign state (c) Secular state (d) Republic 5. Which one ofthefollowing statements goes against the spirit of federalism in Indian (a) India hasa written and rigid Constitution. (b)Powers have been divided between theCentre and the States. (c) The government atthe Centre is very strong. (d) India has an independent judiciary. , Fiu in the blanks. t. is the basic unit of society. 2. India isa VaSt COUFitr'/ With various and diYersities. 3. The Constitution providesa set of rules, and acceptable to almost all. 4. England is not a republic because its Head oftheState is 5. India hasa single judicial system. C. Write True or False for the follawing statements. 1. Mohan isa Gujaroti but lives in Himachal Pradesh and hasa dual citizenship. 2. The President of India has the power toremove anyjudge of the Supreme Court. 3. There were 15 female members in the Constituent Assembly of India. 4. A Constitution is called rigid or flexible on the basis of the procedure for its amendments. S. India isa sovereign and socialist state but not secular. D. Answer thefollowing questions in brief. 1, Cite three examples to prove that Indian Conslitution is quite dynamic. 2. Identify any three provisions which make theConstitution of India rigid as well as flexible. 3. “India hasa parliamentary form ofgovernment.” Give any three examples to support this statement. 4. Why is Indian federation called quite unique? Explain. S. Explain the procedures of amending theIndian Constitution. E. Answer thefollowing questions. 1. Describe the composition and contribution of the Constituent Assembly of India. 2. Describe any five salient features of the Indian Constitution. 3. Mention any five purposes which the Constitution of India serves towards strengthening democracy. 4. India isa soverign, socialist, secular, democratic republic. Explain. S. Why do some people say that India isa federation with unitary features? Explain with the help of any five Constitutional provisions- TheConstitution of India is the result of seriousdeliberations of Constituent Assembly which represented 8lITIOStallcommunities. They were concerned about feeding the starved, clothing the naked and ending the exploitation of the deprived and depressed sections of society. So, the ideals of justice, equality aną freedom for all the people were included in the Constitution. 1. Which ideal given in the Constitution of India do you like the most and why? 2. How far have we achieved these targets/ideals? 3. Suggest any two ways to improve the condition of the deprived sections of our society. On an outline political map of the world, locate the following countries from whom India adopted varied features enshrined in our Constitution. (a) United Kingdom (UK) (b) United States of America (USA) (c) Canada (d) Russia (Part of erstwile USSR) (e) Ireland emphasis on pauses and pronunciation. The recitation should be followed by 1-2 minutes speech about the importance of Preamble. 2. Organise an interclass declamation contest on the following topics. (a) What would happen if there was no written Constitution of free India. (b) If we had a rigid Constitution, what would have been the impact onregionalism? (c) If there were no rules and regulations in the school. 3. Arrangea Pledge-taking ceremony in the Morning Assembly ofyour school where students and teachers takea pledge to follow the ideals given in the Preamble ofourConstitution.  You have read in the previous chapter about the basic structure and elements of the Indian Constitution. Our Constitution framers had tried to transform the ideals given in the Preambleinto reality and that would not have been possible without granting some Fundamental Rights to the people of India, without any discrimination. Aftera long period of slavery and exploitation at the hands ofthe Britishers, people aspired fora life where themind is without fear and the head is held high; where education is free and for all; where every citizen has the freedom of religion and faith; where thesole aim of the government is welfare of the people, especially of the downtrodden. In this Chapter, we will study about those provisions of the Indian Constitution which help us to achieve our goals and fulfil our aspirations. FUNDAMENTAL RIGHTS The Fundamental Rights were included in the Constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. Fundamental Rights are an essential element of every democratic country. Since we were denied most ofthe civil and political rights by the British, one of the most important aspirations of thepeople was that they should have some basic rights, which cannot be violated. Therefore, the Constitution of India provides six Fundamental Rights— 1. Right to Equality 2. Right to Freedom 3. Right against Exploitation 4. Right toFreedom of Religion 5. Cultural and Educational Rights 6. Right to Constitutional Remedies The Constitution of India also provided for the Right to Property dS il Fundamental Right. The 44th Amendment of 1978 removed this right from the list of Fundamental Rights.  Let us learn more about the Fundamental Rights. Right to Equaliç 1. Equality before Law. 2. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. 3. Equality of opportunity in matters of public employment. 4. Abolition of untouchability. Equality before Law S. Abolition of titles. Right to Freedom 1. Freedom ofspeech and expression. 2. Freedom to assemble peacefully and without arms. 3. Freedom toform associations and unions. 4. Freedom to move freely throughout the territory of India. Right to Peaceful Gathering 5. Freedom to reside and settle in any part of India. 6. Freedom to practise any profession or to carry on any occupation, trade or business. Right to Freedom also includes the following provisions. Protection in respect of conviction for an offence. Protection of life and personal liberty. Protection against arbitrary arrest and detention. Right to Education. Right to Education In August 2017,a Nine-judge benüll hcatletl by the Chief JtIstIcO of liltlia iinaniinoiisly arrived at the landmark verdict, declaring Right to Privacy asa l'li@‹Inlünt.11 ltiglit, ulrich could havea bearing on severalaspcctso f law, lifestyle aiitl govci'nancc  '° ”'” Do Vou IEzzow? Right to EdUCation was included in the Constitution in 2002 forthe first time asa Fundamental Ri pht. According to this, the State shall provide free and compulsory education to all children in the age group of6-14 years. Right against Exploitation 1. Prohibition of traffic in human beings, all forms of forced labour and begar (work without payment). 2, Prohibition of employment of children below the age of 14 years in any factory, mine or hazardous occupations, Child labour Rig)lt IO Information was given the status ofa Fundamental Rghin2005.Thseight enables people toseek information from the government department and institutions on s matters affecting the society. However, information may be denied if it is likely to impair the security of the country. **get toFreedom of Religion 1 freedom ofconscience and the right to profess, practise and propagate any religion. * freedom to every religious institution to manage its own affairs in matters of religion. *' Std{{2 Wllll*lotcCIlectZIFlyt?Ixesfor promotion of any particu lar religion. 4, religiousinstruction can be imparted in any educationalinstitution, which is wholly or 1+ !Y maintained out of State funds. CUltural and Educational Rights 1. It guarantees to preserve, maintain and promote one's culture and language. 2. The minorities will be given assistance by the State to establish and administer educational institutions of their own to preserve and deve\op their culture. Right to Constitutional Remedies The Constitution of India has not only listed Fundamental Rights, but has also prescribed remedies against their violation. Ifa citizen feels that one of her/his Fundamental Rights has been violated by an executive order, she/he may request the Supreme Court/High Courts to issue the appropriate writ for the restoration of her/his rights—The writs are Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. The Fundamental Rights protect the citizens against the misuse of power by thegovernment or some institutions or individuals. Therefore, the Fundamental Rights are justiciable and are protected by the Court. In case,a Fundamental Right is violated, one can move tothecourt of law and seek justice. But our Fundamental Rights are not absolute or unlimited. The Constitution has imposed certain restrictions to check the abuse of these rights. Besides, the State is allowed to impose some reasonable restrictions in the interest of public order, decency, morality, etc. FIVE WRITS Thepower ofissuing writs is given to the Supreme Court to ensure the enjoyment »rrights by the people and to restore their rights in case ofany violation. The five types of writs are: 1. Habeas Corpus which means an unlawfully detained person may be produced before the Court to find out whether the detention was legal or not. It is the most valuable right for the protection of personal liberty. 2. Mandamus is issued whena public servant has failed to performa duty.In sucha case, the Court orders the concerned official to perform the duty not performed earlier. 3. Prohibition means toprohibit or forbid. This writ is normally issued bya superior court to the lower court asking it not to proceed witha case which does not fall under its jurisdiction. 4. Quo Warranto is issued to restraina person from acting ina public ornce to which she/he is not entitled. 5. Certiorari means to be more fully informed of. Ifa superior court wants some additional information or records froma lower court to enable itself to deal with the case more effectively, thls writ may be issued.  RESTRICTIONS ON FUNDAMENTAL RIGHTS having studied the six Fundamental Rights, we should remember onevery important point about t tf them that they are not absolute. It means that some restrictions are imposed upon them to „feguard the interests of the entire community. Certain limitations are necessary forthe meaningful ‹r;o\ment ofthese rights. However, these restrictions or limitations should be reasonable and in the interest of public order, morality, sovereignty and integrity of India. Here are some oftheexamples where restrictions imposed arejustified. 1. To prevent spread of infectious diseases, the free movement ofthepeople can be restricted. 2. Freedom to practise any profession does not mean totake up gambling, smuggling, hoarding or any other profession, which is injurious or hazardous to the society. 3. No body can claim to bea doctor ora lawyer unless she/he has the essential qualifications. 4. Freedom ofexpression does not mean tospeak or write any thing you feel like. Any thought orexpression that disturbs public peace orharmony orinstigates communal violence will not be allowed. FUNoAuENTAL DUTIES Rights without duties are meaningless. It has been rightly said, ’ifa person does not perform her/his duties, others cannot enjoy their rights.’ Thus, duties precede rights. Therefore, it was in 1976 that Fundamental Duties were added to Indian Constitution through 42nd Amendment. Originally, there were ten Fundamental Duties, but now they are eleven. Fundamental Duties are obligations and every citizen is expected to perform them. It shall be the duty ofevery citizen of India: 1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. 2. to Cherish and follow the noble ideals which inspired our national struggle for freedom. t. to uphold and protect the sovereignty, unity and integrity of India. *- to defend the country and render national National service when called upon todo so. emblem tOpromote harmony and the spirit of common brotherhood amongst all the people of India; to renounce practices derogatory to the dignity of women. 6 !^value and preserve the rich heritage of our composite culture.  7. tO F t£?Ct and improve the natural environment including forests, lakes,rivers and wildlife and to have compassion fOrall living creatures. 8. to develop scientific temper, humanism and the spirit of inquiry and reform. 9. to safeguard publfc property and to abjure violence. 10. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. 11. Parents or guardians should provide opportunities for education to her/his child or ward between theage ofsix and fourteen years (added by 86th Amendment in Z002). DIRECTIVE PRINCIPLES OF S7ATE POLICY The Directive Principles of State Policy are guidelines/instructions given by the Constitution. The governments atall levels are expected to frame their policies in accordance with these principles with an aim to achieve our national goals and establisha welfare State in India. Dr. B.R. Ambedkar considered these guidelines as powerful instruments forthe transformation of India froma political democracy into an economic and social democracy. Classification of the Directive Principles Although the Directive Principles of State Policy are ina large number, they have been grouped into four main categories. They are—(a) Economic principles (b) Social principles (c) Gandhia0 principles (d)Principles related to international peace and security. Only two principles fromeach category are being given below tomake youunderstand the nature of Directive Principles. (a) Economic Principles (i) To secure equal pay for equal work forboth men and women. (ii) To provideadequate means ofIiveJihood for all. (b) Social Principles (i) To make efforts to raise the standard of living and public health. (i¡) Toguard childrenagainst exploitation and moral degradation. (c)Gandhian Principles (i) To organise villagePanchayats. (ii) To promote cottage industries.  (g) Principles related toInternational PeaCf2 FindSecurity (i) To maintain just and honourable relationsbetween nations. (ii) To promote international peace and security. Significance of DirectivePrinciples of State Policy Though the Directive Principles of State Policy are non-justiciable, yet these are the moral obligations on the part of the governments atall levels to work for the welfare of the people. Many DirectivePrinciples have been implemented and they have become either Legislations or Fundamental Rights, such as: 1. Right to Education has becomea Fundamental Right. 2. Environment Protection Act and Wildlife Protection Acts have been passed. 3. National Commission for the welfare of women hasbeen established. 4. Right to Work hasbeen implemented forthe rural unemployed under MNREGA (Mahatma Gandhi Rural Employment Guarantee Act). Right to Education CUsARISM aspects.0ne isthateverycitizenoflndia ÀÇC fding tothe ConstitutÎOD,lf*dIanseculafÏSm hastwo :,i*tetobelieve in and practise any f'{2ligion ofh I?r/hiS own choiCE.!t*I!SO implies that every religions groUp has freedom to manage its own affairs. The second aspect is that the State will not discriminate against any group or individual on the basis of religion. It means that our Constitution observes strict ! impartiality towards all religions and does not propagate any religion. This impartial attitude of being secular has been guaranteed in several ways atvarious places in the Constitution. For example, the Preamble itself had assured ’Liberty of belief, faith and worship‘. Similarly, the provisions that establish secularism are also there in ¡ the Fundamental Rights. Equality before law, equal opportunity to ’ securea job without discrimination on the ground ofreligion, and the freedom of religion and worship are ample guarantees of secularism. Besides this, the Right to Freedom ofReligion, allows full freedom to all the citizens as well as the aliens in their religious matters. They can worship the way they like, but without interfering with the religious beliefs and ways ofworship of others. Significance The concept ofsecularism is based on equal treatment to all the religions. Secularism is not merely desirable but essential for the healthy existence ofa pluralist society, such as ours. Indian secularism is related to the constitutional values of liberty, equality, justice and fraternity, Secularism is important for India for the following reasons— It enables people of different religions to live in harmony with other faiths. It isa part of democracy, which grants equal rights. It protects the rights given to the minorities. It safeguards democracy by limiting the powers ofthe majority. “ Do Veu Xzsow7 Inspite of o'many provisions already existing in the Constitution, the word secular was introduced in the Preamble in 1976 by the 42"^ Amehdment ofthe Constitution. The purpose behind adding this word inthePreamble was mainly to reiterate that secularism was a part of the basic ideology of India. The inclusion simply emphasises that lndia does nothave any State religion. INDIAN SECULARISM Manya times, the government does not strictly follow the policyof non-interference with th! religious matters and practices. To respect the sentiments ofall religions,the governmentsometi+* pytesceuainexceptions fora particUlar Community. Forexample, the wearing and carrying of Kirpan „;„ivdedin theSikh religion. So, they are allowed to keepa Cirpon with them asa religious symbof. ¡ ilarly, the wearing ofa Pagri bySikhs is againa religious symbol. So, the Sikhs are allowed to ggypägr¡iFl schools or other institutions. The intervention of the State in the religious and social practices ofa particular religion may §t timed ateradicating certain social evil5 Which are a stigma in the name ofthepresent civilised iaciety. For example, the practice of untouchabilityby the so-called ‘upper castes’ towards the ‘low castes’ has been abolished because it is based on discrimination and violates the Fundamental Rights. similarly,personal laws based on religion can also be amended through the State intervention ifthey go against the principles of liberty, equality and justice. For example, Right of fnheritance in some communities has been amended. Although the State funding to the religÏOU5 institutions is not permissible, yet the State can give financial aid on preferential basis to some ofthereligious communities fortheir welfare and upTiftment. So, some special grants can be provided to them. ‘**+ !t ttickin¿: the act of huying End scïlinghuman 1›cings, fl!UFä]jst:a society i» wl›icl› many diff«rent yrnupS>{§§t/3O itiCü) ]/ Ï“t Üfi *’^fl