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 C O NTENTS Fo re w o rd iii A le tte r to yo u v 1. C O NSTITUTIO N: WHY AND HO W? 1 2. RIG HTS IN THE INDIAN C O NSTITUTIO N 26 3. ELEC TIO N AND REPRESENTA TIO N 51 4. EXEC UTIVE 78 5. LE...

 C O NTENTS Fo re w o rd iii A le tte r to yo u v 1. C O NSTITUTIO N: WHY AND HO W? 1 2. RIG HTS IN THE INDIAN C O NSTITUTIO N 26 3. ELEC TIO N AND REPRESENTA TIO N 51 4. EXEC UTIVE 78 5. LEG ISLA TURE 100 6. JUDIC IA RY 124 7. FEDERA LISM 150 8. LO C AL G O VERNMENTS 176 9. C O NSTITUTIO N AS A LIVING DO C UMENT 196 10. THE PHILO SO PHY O F THE C O NSTITUTIO N 220  1 C ha p te r O ne C O NSTITUTIO N: WHY AND HO W? INTRODUCTION This book is about the working of the Indian Constitution. In the chapters that follow, you will read information about various aspects of the working of our Constitution. You will learn about the various institutions of the government in our country and their relationship with each other. But before you begin to read about elections, governments, and presidents and prime ministers, it is necessary to understand that the entire structure of the government and the various principles that bind the institutions of government have their origin in the Constitution of India. After studying this chapter, you will learn: “ what a constitution means; “ what a constitution does to the society; “ how constitutions govern the allocation of power in society; and “ what was the way in which the Constitution of India was made.  Indian Constitution at Work WHY DO WE NEED A CONSTITUTION? What is a constitution? What are its functions? What role does it perform for a society? How does a constitution relate to our daily existence? Answering these questions is not as difficult as you might think. Constitution allows coordination and assurance Imagine yourself to be a member of a reasonably large group. Further imagine that this group has the following characteristics. The members of this group are diverse in various ways. They have different religious allegiances: some are Hindus, some are Muslims, some Christians and some perhaps profess no religion at all. They are also varied in many different respects: they pursue different professions, have different abilities, have different hobbies, different tastes in everything from films to books. This h group o is ver very mmuch ch Some are rich and some are poor. like the peo people off my Some are old, some young. village. Imagine further that members of this group are likely to have disputes over various aspects of life: How much property should one be allowed to own? Should it be compulsory that every child be sent to school t Yes, this couldd be my or should the parents be allowed to decide? How much co colony l as w well!! Does this should this group spend on its safety and security? Or apply to t your o villagee oro should it build more parks instead? Should the group be w or town o colony n y too? o allowed to discriminate against some of its members? Every question will elicit a variety of answers from different people. But, for all their diversity, this group has to live together. They are dependent upon each other in various ways. They 2 require the cooperation of each other. What will enable the group to live together peacefully? Chapter 1: Constitution: Why and How? One may say that perhaps members of this group can live together if they can agree on some basic rules. Why will the group need certain 3 basic rules? Think of what would happen in the absence of some basic rules. Every individual would be insecure simply because they would not know what members of this group could do to each other, who could claim rights over what. Any group will need some basic rules that are publicly promulgated and known to all members of that group to achieve a minimal degree of coordination. But these rules must not only be known, they must also be enforceable. If citizens have no assurance that others will follow these rules, they will themselves have no reason to follow these rules. Saying that the rules are legally enforceable gives an assurance to everybody that others will follow these, for if they do not do so, they will be punished. The first function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society. Activity Enact the thought experiment of this section in the classroom. The entire class should discuss and arrive at some decisions that would apply to everyone for this entire session. The decision could be about: “ How would the class representatives be chosen? “ Which decisions will the representative be able to take on behalf of the entire class? “ Are there some decisions that the class representative cannot take without consulting the entire class? “ You can add any other items to this list (collection of common kitty for the class, organisation of picnic and trips, sharing of common resources, …) as long as everyone agrees to it. Make sure that you include those subjects that have led to any differences in the past. “ How to revise these decisions in case you need to?  Indian Constitution at Work “ Write down all these decisions on a paper and put it up on the notice board. Which problems did you encounter in this decision? Were there differences among different students? How did you resolve these differences? Did the entire class gain something from this exercise? Specification of decision making powers A constitution is a body of fundamental principles according to which a state is constituted or governed. But what should these fundamental rules be? And what makes them fundamental? Well, the first question you will have to decide is who gets to decide what the laws governing the society should be? You may want rule X, but others may want rule Y. How do we decide whose rules or preferences should govern us? You may think the rules you want everyone to live by are the best; but others think that their rules are the best. How do we resolve this dispute? So even before you decide what rules should govern this group you have to decide: Who gets to decide? The constitution has to provide an answer to this question. It specifies the basic allocation of power in a society. It decides who gets to decide what the laws will be. In principle, this question, who gets to decide, can be answered in many ways: in a monarchical constitution, a monarch decides; in some constitutions like the old Soviet Union, one single party was given the power to decide. But in democratic constitutions, broadly speaking, the people get to decide. But this matter is not so simple. Because even if you answer that the people should decide, it will not answer the question: how should the people decide? For something to be law, should everyone agree to it? Should the people directly vote on each matter as the ancient Greeks did? Or should the people express their preferences by electing representatives? But if the people act through their representatives, how should these representatives be elected? How many should there be? 4 In the Indian Constitution for example, it is specified that in most instances, Parliament gets to decide laws and policies, and that Parliament itself be organised in a particular manner. Before identifying what the law in any given society is, you have to identify Chapter 1: Constitution: Why and How? who has the authority to enact it. If Parliament has the authority to enact laws, there must be a law that bestows this authority on 5 Parliament in the first place. This is the function “European Constitution” by Patrick Chappate, International Herald Tribune, 21SEP04 Copyright Cagle Cartoons. of the constitution. It is an READ A CARTOON authority that constitutes government in the first place. The second function of a constitution is to specify who has the power to make decisions in a society. It decides how the government will be constituted. Limitations on the powers of government But this is clearly not enough. Suppose you decided who had the authority to make decisions. But then this authority passed laws that you thought were patently Countries of the European Union tried to create a unfair. It prohibited you European constitution. The attempt failed. Here is a from practising your cartoonist’s impression of this attempt. Does this religion for instance. Or it always happen in any constitution making? enjoined that clothes of a certain colour were prohibited, or that you were not free to sing certain songs or that people who belonged to a particular group (caste or religion) would always have to serve others and would not be allowed to retain any property. Or that government could arbitrarily arrest someone, or that only people of a certain skin colour would be allowed to draw water from wells. You would obviously think these laws were unjust and unfair. And even though they were passed by a government that had come into existence based  Indian Constitution at Work on certain procedures there would be something obviously unjust about that government enacting these laws. So the third function of a constitution is to set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass them. Constitutions limit the power of government in many ways. The most common way of limiting the power of government is to specify certain fundamental rights that all of us possess as citizens and which no government can ever be allowed to violate. The exact content and interpretation of these rights varies from constitution to Ah!! So yyouu first i t create eeaa a constitution. But most constitutions will protect a basic monstereerr and then t start s cluster of rights. Citizens will be protected from being worrying about b saving a arrested arbitrarily and for no reason. This is one basic yourself o s ffrom it!! I wouldd limitation upon the power of government. Citizens will say, why create r t t this normally have the right to some basic liberties: to freedom monster o t calleda d government e nm of speech, freedom of conscience, freedom of association, in thee firstt place? l c freedom to conduct a trade or business etc. In practice, these rights can be limited during times of national emergency and the constitution specifies the circumstances under which these rights may be withdrawn. Aspirations and goals of a society Most of the older constitutions limited themselves largely to allocating decision-making power and setting some limits to government power. But many twentieth century constitutions, of which the Indian Constitution is the finest example, also provide an enabling framework for the government to do certain positive things, to express the aspirations and goals of society. The Indian Constitution was particularly innovative in this respect. Societies with deep entrenched inequalities of various 6 kinds, will not only have to set limits on the power of government, they will also have to enable and empower the government to take positive measures to overcome forms of inequality or deprivation. Chapter 1: Constitution: Why and How? For example, India aspires to be a society that is free of caste discrimination. If this is our society’s aspiration, the government will 7 have to be enabled or empowered to take all the necessary steps to achieve this goal. In a country like South Africa, which had a deep history of racial discrimination, its new constitution had to enable the government to end racial discrimination. More positively, a Shankar. Copyright: Children’s Book Trust. READ A CARTOON The constitution makers have to address themselves to very different aspirations. Here is Nehru trying to balance between different visions and ideologies. Can you identify what these different groups stand for? Who do you think prevailed in this balancing act? constitution may enshrine the aspirations of a society. The framers of the Indian Constitution, for example, thought that each individual in society should have all that is necessary for them to lead a life of minimal dignity and social self-respect — minimum material well being, education etc. The Indian Constitution enables the government to take positive welfare measures some of which are legally enforceable. As we go on studying the Indian Constitution, we shall find that such enabling  Indian Constitution at Work provisions have the support of the Preamble to our Constitution, and these provisions are found in the section on Fundamental Rights. The Directive Principles of State of Policy also enjoin government to fulfil certain aspirations of the people. The fourth function of a constitution is to enable the government to fulfil the aspirations of a society and create conditions for a just society. Enabling provisions of the Constitution ha does What e s it take a ke to Constitutions are not only rules and regulations write r nice things in the he controlling the powers of the government. They i t i o Whatt is thee constitution? also give powers to the government for pursuing in in writing point w it g downdo n collective good of the society. lofty fftt aspirations pir n aand nd “ Constitution of South Africa assigns many goals if tthey e cannot n n change ge responsibilities to the government: it wants thee life oof tthe people? the government to take measures to promote conservation of nature, make efforts to protect persons or groups subjected to unfair discrimination, and provides that the government must progressively ensure adequate housing to all, health care, etc. “ In the case of Indonesia also, the government is enjoined to establish and conduct national education system. The Indonesian Constitution ensures that the poor and destitute children will be looked after by the government. Fundamental identity of a people Finally, and perhaps even most importantly, a constitution expresses the fundamental identity of a people. This means the people as a collective entity come into being only through the basic constitution. It is 8 by agreeing to a basic set of norms about how one should be governed, and who should be governed that one forms a collective identity. One has many sets of identities that exist prior to a constitution. But by Chapter 1: Constitution: Why and How? agreeing to certain basic norms and principles one constitutes one’s basic political identity. Second, constitutional norms are the overarching 9 framework within which one pursues individual aspirations, goals and freedoms. The constitution sets authoritative constraints upon what one may or may not do. It defines the fundamental values that we may not trespass. So the constitution also gives one a moral identity. Third and finally, it may be the case that many basic political and moral values are now shared across different constitutional traditions. If one looks at constitutions around the world, they differ in many respects — in the form of government they enjoin in many procedural details. But they also share a “Iraqi Constitution”, John Trever, Albuquerque Journal, 18AUG05. Copyright. Cagle Cartoons. good deal. Most modern constitutions create a form of READ A CARTOON government that is democratic in some respects, most claim to protect certain basic rights. But constitutions are different in the way they embody conceptions of natural identity. Most nations are an amalgamation of a complex set of historical traditions; they weave together the diverse groups that reside within the nation in different ways. For example, German identity was constituted by being ethnically German. The constitution gave The writing of the new Iraqi constitution after expression to this identity. the collapse of Saddam Hussain’s regime saw The Indian Constitution, on a lot of conflict between different ethnic the other hand, does not groups in the country. What do these make ethnic identity a different people stand for? Compare the criterion for citizenship. conflict depicted here with that depicted in Different nations embody earlier cartoons for the European Union and different conceptions of India. what the relationship  Indian Constitution at Work between the different regions of a nation and the central government should be. This relationship constitutes the national identity of a country. Check your progress Here are some provisions of the Indian and other constitutions. For each of these write the function that this provision performs. The government cannot Limitations on the order any citizen to follow power of the or not to follow any religion government The government must try to reduce inequalities in income and wealth The President has the power to appoint the Prime Minister The Constitution is the supreme law that everyone has to obey Indian citizenship is not limited to people of any race, caste or religion THE AUTHORITY OF A CONSTITUTION 10 We have outlined some of the functions a constitution performs. These functions explain why most societies have a constitution. But there are three further questions we can ask about constitutions: Chapter 1: Constitution: Why and How? a) What is a constitution? b) How effective is a constitution? 11 c) Is a constitution just? In most countries, ‘Constitution’ is a compact document that comprises a number of articles about the state, specifying how the state is to be constituted and what norms it should follow. When we ask for the constitution of a country we are usually referring to this document. But some countries, the United Kingdom for instance, do not have one single document that can be called the Constitution. Rather they have a series of documents and decisions that, taken collectively, are referred to as the constitution. So, we can say that constitution is the document or set of documents that seeks to perform the functions that we mentioned above. But many constitutions around the world exist only on paper; they are mere words existing on a parchment. The crucial question is: how effective is a constitution? What makes it effective? What ensures that it has a real impact on the lives of people? Making a constitution effective depends upon many factors. Mode of promulgation This refers to how a constitution comes into being. Who crafted the constitution and how much authority did they have? In many countries constitutions remain defunct because they are crafted by military leaders or leaders who are not popular and do not have the ability to carry the people with them. The most successful constitutions, like India, South Africa and the United States, are constitutions which were created in the aftermath of popular national movements. Although India’s Constitution was formally created by a Constituent What dod people o l ddo if they h Assembly between December 1946 and November find outo t that their 1949, it drew upon a long history of the nationalist constitution n iitt ttio io is noto jjust? just us t movement that had a remarkable ability to take along What ha happens too people ple different sections of Indian society together. The whenn a constitution c ns i t x exists Constitution drew enormous legitimacy from the only n ono paper?  Indian Constitution at Work Debate over Constitution fact that it was drawn up by people making in Nepal: who enjoyed immense public Making a constitution is not always credibility, who had the capacity an easy and smooth affair. Nepal to negotiate and command the is an example of the complicated respect of a wide cross-section of nature of constitution making. society, and who were able to Since 1948, Nepal has had five constitutions, in 1948, 1951, 1959, convince the people that the 1962 and 1990. But all these constitution was not an instrument constitutions were ‘granted’ by the for the aggrandisement of their King of Nepal. The 1990 personal power. The final constitution introduced a multi- document reflected the broad party competition, though the King national consensus at the time. continued to hold final powers in many respects. For the last ten Some countries have subjected years Nepal was faced with militant their constitution to a full-fledged political agitations for restructuring referendum, where all the people the government of the country. The vote on the desirability of a main issue was the role of the constitution. The Indian monarchy in the constitution of Nepal. Some groups in Nepal Constitution was never subject to wanted to abolish the institution of such a referendum, but monarchy and establish nevertheless carried enormous republican form of government in public authority, because it had Nepal. Others believed that it may the consensus and backing of be useful to shift to limited monarchy with a reduced role for leaders who were themselves the King. The King himself was not popular. Although the ready to give up powers. He took Constitution itself was not over all powers in October 2002. subjected to a referendum, the Many political parties and people adopted it as their own by organisations were demanding the abiding by its provisions. formation of a new constituent assembly. The Communist Party of Therefore, the authority of people Nepal (Maoist) was in the forefront who enact the constitution helps of the struggle for a popularly determine in part its prospects for elected constituent assembly. success. Finally, under pressure of popular agitation, the King had to instal a government acceptable to the The substantive provisions of a agitating parties. This government constitution has stripped the King of almost all 12 It is the hallmark of a successful powers. Now, all the parties are constitution that it gives everyone trying to decide the manner in in society some reason to go along which a constituent assembly will be formed. with its provisions. A constitution Chapter 1: Constitution: Why and How? that, for instance, allowed permanent majorities to oppress minority groups within society would give minorities no reason to go along 13 with the provision of the constitution. Or a constitution that systematically privileged some members at the expense of others, or that systematically entrenched the power of small groups in society, would cease to command allegiance. If any group feels their identity is being stifled, they will have no reason to abide by the constitution. No constitution by itself achieves perfect justice. But it has to convince people that it provides the framework for pursuing basic justice. Do this thought experiment. Ask yourself this question: What would be the content of some basic rules in society, such that they gave everyone a reason to go along with them? The more a constitution preserves the freedom and equality of all its members, the more likely it is to succeed. Does the Indian Constitution, broadly speaking, give everyone a reason to go along with its broad outlines? After studying this book, one should be able to answer this question in the affirmative. Balanced institutional design Constitutions are often subverted, not by the people, but by small groups, who wish to enhance their own power. Well crafted constitutions fragment power in society intelligently so that no single group can subvert the constitution. One way of such intelligent designing of a constitution is to ensure that no single institution acquires monopoly of power. This is often done by fragmenting power across different institutions. The Indian Constitution, for example, horizontally fragments power across different institutions like the Legislature, Executive and the Judiciary and even independent statutory bodies like the Election Commission. This ensures that even if one institution wants to subvert the Constitution, others can check its transgressions. An intelligent system of checks and balances has facilitated the success of the Indian Constitution. Another important aspect of intelligent institutional design is: that a constitution must strike the right balance between certain values, norms and procedures as authoritative, and at the same time allow enough flexibility in its operations to adapt to changing needs and circumstances. Too rigid a constitution is likely to break under the weight of change; a constitution that is, on the other  Indian Constitution at Work “Castle of Cards” , Ares, copyright Cagle Cartoons, SEP05 hand, too flexible, will give no security, READ A CARTOON predictability or identity to a people. Successful constitutions strike the right balance between preserving core values and adapting them to new circumstances. You will notice the wisdom of makers of the Indian Constitution in the chapter on the Constitution as a living document (Chapter 9). The Indian Constitution is described as ‘a living’ document. By striking a balance between the possibility to change the provisions and the limits on such changes, the Constitution has ensured that it will survive as a document respected by people. This arrangement also ensures that no section or group can, on its own, subvert the Constitution. Why does the cartoonist describe Therefore in determining whether a the new Iraqi Constitution as the constitution has authority you can ask castle of cards? Would this yourself three questions: description apply to the Indian “ Were the people who enacted the Constitution? constitution credible? This question will be answered in the remaining part of this chapter. “ Secondly, did the constitution ensure that power was intelligently organised so that it was not easy for any group to subvert the constitution? And, most importantly, does the constitution give everyone some reason to go along with it? Most of this book is about this question. “ Also, is the constitution the locus of people’s hopes and aspiration? The ability of the constitution to command voluntary allegiance of the people depends to a certain extent upon whether the constitution is just. What are the principles of justice underlying the Indian Constitution? The last chapter of this book will answer this question. 14 How was the Indian Constitution made? Let us find out how the Indian Constitution was made. Formally, the Constitution was made by the Constituent Assembly which had been elected for undivided India. It held its first sitting on Chapter 1: Constitution: Why and How? 9 December1946 and re-assembled as Constituent Assembly for divided India on 14 August 1947. Its members were elected by 15 indirect election by the members of the Provisional Legislative Assemblies that had been established in 1935. The Constituent Assembly was composed roughly along the lines suggested by the plan proposed by the committee of the British cabinet, known as the Cabinet Mission. According to this plan: “ Each Province and each Princely State or group of States were allotted seats proportional to their respective population roughly in the ratio of 1:10,00,000. As a result the Provinces (that were under direct British rule) were to elect 292 members while the Princely States were allotted a minimum of 93 seats. “ The seats in each Province were distributed among the three main communities, Muslims, Sikhs and general, in proportion to their respective populations. “ Members of each community in the Provisional Legislative Assembly elected their own representatives by the method of proportional representation with single transferable vote. “ The method of selection in the case of representatives of Princely States was to be determined by consultation. An article of faith Much before the Constituent Assembly finally came into being, the demand for such an assembly had already been made. This was echoed by Dr. Rajendra Prasad in his first address as the Chairman of the Constituent Assembly of India on 9 December 1946. Rajendra Prasad quotes Mahatma Gandhi that swaraj would mean wishes of the people as expressed through their freely chosen representatives. He said “………..the idea of a Constituent Rajendra Prasad Assembly had come to prevail largely CAD, Vol. I, p.6 as an article of faith in almost all the politically-minded classes in the country.”  Indian Constitution at Work The previous section discusses the three factors that make a constitution effective and respectable. How far does the Indian Constitution pass this test? Composition of the Constituent Assembly As a consequence of the Partition under the plan of 3 June 1947 those members who were elected from territories which fell under Pakistan ceased to be members of the Constituent Assembly. The numbers in the Assembly were reduced to 299 of which 284 were actually present on 26 November 1949 and appended their signature to the Constitution as finally passed. The Constitution was thus framed against the backdrop of the horrendous violence that the Partition unleashed on the sub-continent. But it is a tribute to the fortitude of the framers that they were not only able to draft a constitution under immense pressure, but also learnt the right lessons from the unimaginable violence that accompanied Partition. The Constitution was committed to a new conception of citizenship, where not only would minorities be secure, but religious identity would have no bearing on citizenship rights. But this account of the composition of the Constituent Assembly that drafted the Constitution touches upon only the surface of how our Constitution was made. Although, the members of the Assembly were not elected by universal suffrage, there was a serious attempt to make Whatt wouldd havee happened pnd the Assembly a representative body. Members of all iff the h Constituent on t t e t Assembly A e l religions were given representation under the scheme was elected e c d byy all thee people e e described above; in addition, the Assembly had twenty- of India? d Could C d it be b vvery six members from what were then known as the i e n ffrom w different h it was? what Scheduled Classes. In terms of political parties, the Congress dominated the Assembly occupying as many as eighty-two per cent of the seats in the assembly after 16 the Partition. The Congress itself was such a diverse party that it managed to accommodate almost all shades of opinion within it. Chapter 1: Constitution: Why and How? The Principle of Deliberation The authority of the Constituent Assembly does not come only from 17 the fact that it was broadly, though not perfectly, representative. It comes from the procedures it adopted to frame the Constitution and the values its members brought to their deliberations. While in any assembly that claims to be representative, it is desirable that diverse sections of society participate, it is equally important that they participate not only as representatives of their own identity or community. Each member deliberated upon the Constitution with the interests of the whole nation in mind. There were often disagreements amongst members, but few of these disagreements could be traced to members protecting their own interests. There were legitimate differences of principle. And the differences were many: should India adopt a centralised or decentralised system of government? What should be the relations between the States and the centre? What should be the powers of the judiciary? Should the Constitution protect property rights? Almost every issue that lies at the foundation of a modern state was discussed with great sophistication. Only one provision of the Constitution was passed without virtually any debate: the introduction of universal suffrage (meaning that all citizens reaching a certain age, would be entitled to be voters irrespective of religion, caste, education, gender or income). So, while the members felt no need at all to discuss the issue of who should have the right to vote, every other matter was seriously discussed and debated. Nothing can be a better testament to the democratic commitment of this Assembly. The Constitution drew its authority from the fact that members of the Constituent Assembly engaged in what one might call public reason. The members of the Assembly placed a great emphasis on discussion and reasoned argument. They did not simply advance their own interests, but gave principled reasons to other members for their positions. The very act of giving reasons to others makes you move away from simply a narrow consideration of your own interest because you have to give reasons to others to make them go along with your view point. The voluminous debates in the  Indian Constitution at Work Constituent Assembly, where each clause of the Constitution was subjected to scrutiny and debate, is a tribute to public reason at its best. These debates deserved to be memorialised as one of the most significant chapters in the history of constitution making, equal in importance to the French and American revolutions. Procedures The importance of public reason was emphasised in the mundane procedures of the Assembly as well. The Constituent Assembly had Shankar. Copyright: Children’s Book Trust eight major Committees on different subjects. Usually, Jawaharlal Nehru, Rajendra Prasad, Sardar Patel, Maulana Azad or Ambedkar chaired these Committees. These were not men who agreed with each other on many things. Ambedkar had been a bitter critic of the Congress and Gandhi, accusing them of not doing enough for the upliftment of Scheduled Castes. Patel and Nehru disagreed on many issues. Nevertheless, they all worked together. Each Committee usually drafted particular provisions of the Constitution Cartoonist’s impression of the ‘snail’s pace’ with which the Constitution was which were then subjected to made. Making of the Constitution took debate by the entire Assembly. almost three years. Is the cartoonist Usually an attempt was made to commenting on this fact? Why do you reach a consensus with the belief think, did the Constituent Assembly take so long to make the Constitution? that provisions agreed to by all, would not be detrimental to any particular interests. Some provisions were subject to the vote. 18 But in each instance every single argument, query or concern was responded to with great care and Chapter 1: Constitution: Why and How? in writing. The Assembly met for one hundred and sixty six days, spread over two years and eleven months. Its 19 sessions were open to the press and the public alike. Inheritance of the nationalist movement But no constitution is simply a product of the Assembly that produces it. An Assembly as diverse as the Constituent Assembly of India could not have functioned if there was no background consensus on the main principles the Constitution should enshrine. These principles were forged during the long struggle for freedom. In a way, the Constituent Assembly was giving concrete shape and form to the principles it had inherited from the nationalist movement. For decades preceding the promulgation of the Constitution, the nationalist movement had debated many questions that were relevant to the making of the constitution — the shape and form of government India should have, the values it should uphold, the inequalities it should overcome. Answers forged in those debates were given their final form in the Constitution. Perhaps the best summary of the principles that the nationalist movement brought to the Constituent Assembly is the Objectives Resolution (the resolution that defined the aims of the Assembly) moved by Nehru in 1946. This resolution encapsulated the aspirations and values behind the Constitution. What the previous section terms as substantive provisions of the constitution is inspired by and summed up by the values incorporated in the Objectives Resolution. Based on this resolution, our Constitution gave institutional expression to these ha What would haveve fundamental commitments: equality, liberty, democracy, happened if we w ggot sovereignty and a cosmopolitan identity. Thus, our independence ppee iinn 1937?? OOr Constitution is not merely a maze of rules and procedures, if wee hadd too wait w ill till but a moral commitment to establish a government that 1957? Would o ld our will fulfil the many promises that the nationalist movement Constitution n t be very ver er different r from w t it is what held before the people. today?  Indian Constitution at Work Main points of the Objectives Resolution √ India is an independent, sovereign, republic; √ India shall be a Union of erstwhile British Indian territories, Indian States, and other parts outside British India and Indian States as are willing to be a part of the Union; √ Territories forming the Union shall be autonomous units and exercise all powers and functions of the Government and administration, except those assigned to or vested in the Union; √ All powers and authority of sovereign and independent India and its constitution shall flow from the people; √ All people of India shall be guaranteed and secured social, economic and political justice; equality of status and opportunities and equality before law; and fundamental freedoms - of speech, expression, belief, faith, worship, vocation, association and action - subject to law and public morality; √ The minorities, backward and tribal areas, depressed and other backward classes shall be provided adequate safeguards; √ The territorial integrity of the Republic and its sovereign rights on land, sea and air shall be maintained according to justice and law of civilized nations; √ The land would make full and willing contribution to the promotion of world peace and welfare of mankind. Institutional arrangements The third factor ensuring effectiveness of a constitution is a balanced arrangement of the institutions of government. The basic principle is that government must be democratic and committed to the welfare of the people. The Constituent Assembly spent a lot of time on evolving the right balance among the various institutions like the 20 executive, the legislature and the judiciary. This led to the adoption of the parliamentary form and the federal arrangement, which would distribute governmental powers between the Chapter 1: Constitution: Why and How? legislature and the executive on the one hand and between the States and the central government on the 21 other hand. While evolving the most balanced governmental arrangements, the makers of our Constitution did not hesitate to learn from experiments and experiences of other countries. Thus, the framers of the Constitution were not averse to borrowing from other constitutional traditions. Indeed, it is a testament to their wide learning that they could lay their hands upon any intellectual argument, or historical example that was necessary for fulfilling the task at hand. So they borrowed a number of provisions from different countries. But borrowing these ideas was not slavish imitation. Was itt a borrowed w d Far from it. Each provision of the Constitution had to be constitution i iioo then? t ? W Why defended on grounds that it was suited to Indian could wew not o haveha a problems and aspirations. India was extremely lucky to n i t t io constitution thatt does have an Assembly that instead of being parochial in its nott borrow o o anything ny hhii from fo outlook could take the best available everywhere in the w e r else? anywhere s world and make it their own. “One likes to ask whether there can be anything new in a constitution framed at this hour in the history of the world… The only new thing, if there can be any, in a constitution framed so late in the day are the variations, made to remove the failures and accommodate it to the needs of the country.” Dr. B.R. Ambedkar CAD, Vol. VII, p. 37  Indian Constitution at Work Provisions borrowed from constitutions of different countries British Constitution Irish Constitution First Past the Post Directive Parliamentary Form of Principles of Government State Policy The idea of the rule of law French Institution of the Speaker Constitution and his role Principles of Lawmaking procedure Liberty, Equality and Fraternity United States Constitution Canadian Constitution Charter of Fundamental A quasi-federal form Rights, of government (a federal system with a Power of Judicial strong central Review and government) independence of the judiciary The idea of Residual Powers 22 Chapter 1: Constitution: Why and How? Conclusion 23 It is a tribute to the wisdom and foresight of the makers of the Constitution that they presented to the nation a document that enshrined fundamental values and highest aspirations shared by the people. This is one of the reasons why this most intricately crafted document has not only survived but become a living reality, when so many other constitutions have perished with the paper they were first written on. India’s Constitution is a unique document which in turn became an exemplar for many other constitutions, most notably South Africa. The main purpose behind the long search that went on for almost three years was to strike the right balance so that institutions created by the Constitution would not be haphazard or tentative arrangements but would be able to accommodate the aspirations of the people of India for a long time to come. You will know more about these arrangements through the study of the remaining chapters in this book. Exercises 1. Which of these is not a function of the constitution? a. It gives a guarantee of the rights of the citizen. b. It marks out different spheres of power for different branches of government. c. It ensures that good people come to power. d. It gives expression to some shared values. 2. Which of the following is a good reason to conclude that the authority of the constitution is higher than that of the parliament? a. The constitution was framed before the parliament came into being. b. The constitution makers were more eminent leaders than the members of the parliament. c. The constitution specifies how parliament is to be formed and what are its powers. d. The constitution cannot be amended by the parliament.  Indian Constitution at Work 3. State whether the following statements about a constitution are True or False. a. Constitutions are written documents about formation and power of the government. b. Constitutions exist and are required only in democratic countries. c. Constitution is a legal document that does not deal with ideals and values. d. A constitution gives its citizens a new identity. 4. State whether the following inferences about the making of the Indian Constitution are Correct or Incorrect. Give reasons to support your answer. a. The Constituent Assembly did not represent the Indian people since it was not elected by all citizens. b. Constitution making did not involve any major decision since there was a general consensus among the leaders at that time about its basic framework. c. There was little originality in the Constitution, for much of it was borrowed from other countries. 5. Give two examples each to support the following conclusions about the Indian Constitution: a. The Constitution was made by credible leaders who commanded peoples’ respect. b. The Constitution has distributed power in such a way as to make it difficult to subvert it. c. The Constitution is the locus of people’s hopes and aspirations. 6. Why is it necessary for a country to have a clear demarcation of powers and responsibilities in the constitution? What would happen in the absence of such a demarcation? 7. Why is it necessary for a constitution to place limitations on the rulers? Can there be a constitution that gives no power at all to the citizens? 8. The Japanese Constitution was made when the US occupation army 24 was still in control of Japan after its defeat in the Second World War. The Japanese constitution could not have had any provision that the US government did not like. Do you see any problem in Chapter 1: Constitution: Why and How? this way of making the constitution? In which way was the Indian experience different from this? 25 9. Rajat asked his teacher this question: “ The constitution is a fifty year old and therefore outdated book. No one took my consent for implementing it. It is written in such tough language that I cannot understand it. Tell me why should I obey this document?” If you were the teacher, how would you answer Rajat? 10. In a discussion on the experience of the working of our Constitution, three speakers took three different positions: a. Harbans: The Indian Constitution has succeeded in giving us a framework of democratic government. b. Neha: The Constitution made solemn promises of ensuring liberty, equality and fraternity. Since this has not happened, the Constitution has failed. c. Nazima: The Constitution has not failed us. We have failed the Constitution. Do you agree with any of these positions? If yes, why? If not, what is your own position?  C ha p te r Two RIG HTS IN THE INDIAN C O NSTITUTIO N INTRODUCTION A constitution is not only about the composition of the various organs of government and the relations among them. As we studied in the last chapter, the constitution is a document that sets limits on the powers of the government and ensures a democratic system in which all persons enjoy certain rights. In this chapter, we shall study the Fundamental Rights contained in the Indian Constitution. Part three of the Constitution of India lists the Fundamental Rights and also mentions the limits on these rights. In the past fifty years, the scope of rights has changed and in some respects, expanded. After studying this chapter, you would know “ what are the various Fundamental Rights listed in the Constitution of India; “ how these rights are protected; “ what role the judiciary has played in protecting and interpreting these rights; 26 and “ what is the difference between the Fundamental Rights and the Directive Principles of State Policy. Chapter 2: Rights in the Indian Constitution THE IMPORTANCE OF RIGHTS In 1982 during the construction work for Asian Games the 27 government engaged a few contractors. These contractors employed a large number of very poor construction workers from different parts of the country to build the flyovers and stadiums. These workers were kept in poor working conditions and were paid less than the minimum wages decided by the government. A team of social scientists studied their poor condition and petitioned the Supreme Court. They argued that employing a person to work for less than the minimum prescribed wage amounts to begar or forced labour, which is a violation of the Fundamental Right against exploitation. The court accepted this plea and directed the government to ensure that thousands of workers get the prescribed wages for their work. Machal Lalung was 23 when he was arrested. A resident of Chuburi village of Morigaon district of Assam, Machal was charged of causing grievous injuries. He was found mentally too unstable to stand trial and was sent as under trial to Lok Priya Gopinath Bordoloi Mental Hospital in Tejpur for treatment. Machal was treated successfully and doctors wrote twice to jail authorities in 1967 and 1996 that he was fit to stand trial. But no one paid any attention. Machal Lalung remained in “judicial custody.’’ Machal Lalung was released in July 2005. He was 77 then. He spent 54 years under custody during which his case never came up for hearing. He was freed when a team appointed by the National Human Rights Commission intervened after an inspection of undertrials in the State. Machal’s entire life was wasted because a proper trial Whata ifi Machal c a was a ririchh against him never took place. Our Constitution gives every and powerful p man? What m citizen the right to ‘life and liberty’: this means that every o e working if those o with thee citizen must also have the right to fair and speedy trial. construction r contractor co ctoo ct Machal’s case shows what happens when rights granted were er engineers? g r Would W uldld by the Constitution are not available in practice. their rrights ha ve bbeen have een violated??  Indian Constitution at Work In the case of the first instance also there was violation of rights provided in the Constitution. But it was challenged in the court. As a result, workers could get what was due to them in the form of their rightful wages. The constitutional guarantee of the right against exploitation ensured justice to these workers. Bill of Rights Both these examples show the importance of having rights and of the actual implementation of these rights. A democracy must ensure that individuals have certain rights and that the government will always recognise these rights. Therefore it is often a practice in most democratic countries to list the rights of the citizens in the constitution itself. Such a list of rights mentioned and protected by the constitution is called the ‘bill of rights’. A bill of rights prohibits government from thus acting against the rights of the individuals and ensures a remedy in case there is violation of these rights. From whom does a constitution protect the rights of the individual? The rights of a person may be threatened by another person or private organisation. In such a situation, the individual would need the protection of the government. So, it is necessary that the government is bound to protect the rights of the individual. On the other hand, the organs of the government (the legislature, executive, bureaucracy or even the judiciary), in the course of their functioning, may violate the rights of the person. I get it!! The T e bill i ofo rights i h is lik like a warrantee a a ttee ee cardd FUNDAMENTAL RIGHTS IN THE INDIAN that wee get et when hen wee CONSTITUTION purchasee a TV or a fan. n During our freedom struggle, the leaders of the freedom Isn’t s it? movement had realised the importance of rights and demanded that the British rulers should respect rights of the people. The Motilal Nehru committee had demanded 28 a bill of rights as far back as in 1928. It was therefore, natural that when India became independent and the Constitution was being prepared, there were no Chapter 2: Rights in the Indian Constitution two opinions on the inclusion Bill of rights in the South African and protection of rights in the Constitution 29 Constitution. The Constitution The South African Constitution was listed the rights that would be inaugurated in December 1996. Its specially protected and called creation and promulgation took them ‘fundamental rights’. place at a time when South Africa The word fundamental still faced the threat of a civil war suggests that these rights are so after the dissolution of the Apartheid government. The South African important that the Constitution Constitution says that its “Bill of has separately listed them and Rights is a cornerstone of democracy made special provisions for their in South Africa”. It forbids protection. The Fundamental discrimination on the grounds of Rights are so important that the “race, gender, pregnancy, marital Constitution itself ensures that status, ethnic or social origin, they are not violated by the colour, age, disability, religion, government. conscience, belief, culture, language and birth”. It grants perhaps the Fundamental Rights are most extensive range of rights to the different from other rights citizens. A special constitutional available to us. While ordinary court enforces the rights enshrined legal rights are protected and in the constitution. enforced by ordinary law, Some of the Rights included in Fundamental Rights are the constitution of South Africa protected and guaranteed by include: the constitution of the country. “ Right to Dignity Ordinary rights may be changed “ Right to Privacy by the legislature by ordinary “ Right to fair labour practices process of law making, but a “ Right to healthy environment and right to protection of fundamental right may only be environment “ changed by amending the Right to adequate housing “ Constitution itself. Besides this, Right to health care, food, water no organ of the government can and social security act in a manner that violates “ Children’s rights them. As we shall study below “ Right to basic and higher in this chapter, judiciary has the education powers and responsibility to “ Right of cultural, religious and protect the fundamental rights linguistic communities “ Right to information from violations by actions of the  Indian Constitution at Work government. Executive as well as legislative actions can be declared illegal by the judiciary if these violate the fundamental rights or restrict them in an unreasonable manner. However, fundamental rights are not absolute or unlimited rights. Government can put reasonable restrictions on the exercise of our fundamental rights. Check your progress Compare the Fundamental Rights in the Indian Constitution with the Bill of Rights in the South African Constitution. Make a list of rights that are: “ Common to both the constitutions “ Available in South Africa but not in India “ Clearly granted in South Africa but implicit in the Indian Constitution RIGHT TO EQUALITY Consider the following two situations. These are imaginary situations. But similar things do happen and can happen. Do you think they involve violation of fundamental rights? “ Swadesh Kumar is visiting his village. He is accompanied by one of his friends. They decided to have a cup of tea at the village roadside hotel. The shopkeeper knew Swadesh Kumar but asked the name of his friend to know his caste. After this the shopkeeper served tea to Swadesh Kumar in a nice mug while his friend was given tea in an earthen cup because he was dalit. “ An order is served to four newsreaders of a television channel that they would no longer read the news on screen. They are all women. The reason 30 given is that they are above the age of forty-five. Two male newsreaders above the same age are not barred from presenting the news. Chapter 2: Rights in the Indian Constitution Right to liberty and Personal freedoms Rigsht to Equality Right to: √ Equality before law √ Equal protection of √ speech and expression laws √ Assemble peacefully √ Prohibition on √ Form association discrimination on √ Move freely ground of religion throughout the √ Equal access to territory of India shops, bathing √ Reside and settle in ghats, hotels etc. any part of India √ Equality of Practice any opportunity in profession or to carry employment on any occupation, √ Abolition of titles trade or business. √ Abolition of √ Right to life and untouchability liberty; CONSTI TUTI ON √ Rights of the accused and convicts Right to freedom of OF religion I NDI A √ Freedom of PART I I I : FUNDAM ENTAL conscience and RI GHTS profession; √ Freedom to manage religious affairs; freedom to give Cultural and religious instructions Right to educational Rights in certain Constitutional remedy of minority groups institutions √ Right to move the courts √ Protection of for issuance of writs Right against language, culture exploitation of minorities; √ Right of √ Prohibition of minorities to forced labour; establish √ Prohibition of educational employment of institutions children in hazardous jobs  Indian Constitution at Work These are examples of clear discrimination. In one instance the discrimination is based on caste and in another it is based on gender. Do you think that such discrimination is justified? Right to equality tries to do away with such and other discriminations. It provides for equal access to public places like shops, hotels, places of entertainment, wells, bathing ghats and places of worship. There cannot be any discrimination in this access on the basis of caste, creed, colour, sex, religion, or place of birth. It also prohibits any discrimination in public employment on any of the above mentioned basis. This right is very important Doo such s n things a really because our society did not practice equal access in the e inn our country? happen r Or past. re these purely are u e imaginary? i a na The practice of untouchability is one of the crudest manifestations of inequality. This has been abolished under the right to equality. The same right also provides that the state shall confer no title on a person except those who excel themselves in military or academic field. Thus right to equality strives to make India a true democracy by ensuring a sense of equality of dignity and status among all its citizens. Have you read the Preamble to our Constitution? How does it describe equality? You will find that the Preamble mentions two things about equality: equality Article 16 (4): Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. 32 Chapter 2: Rights in the Indian Constitution of status and equality of opportunity. Equality of opportunity means that all sections of the society enjoy equal opportunities. But in a 33 society where there are various kinds of social inequalities, what does equal opportunity mean? The Constitution clarifies that the government can implement special schemes and measures for improving the conditions of certain sections of society: children, women, and the socially and educationally backward classes. You may have heard about ‘reservations’ in jobs, and in admissions. You would have wondered why there are reservations if we follow the principle of equality. In fact Article 16(4) of the constitution explicitly clarifies that a policy like reservation will not be seen as a violation of right to equality. If you see the spirit of the Constitution, this is required for the fulfilment of the right to equality of opportunity. YOU ARE THE JUDGE You have received a post card from Hadibandhu, who identifies himself as a “member of the dalit community” in Puri district in Orissa. Men from this community refused to follow a custom that required them to wash the feet of the groom and guests of the ‘upper caste’ during marriage ceremonies. In revenge, four women from this community were beaten up and another was paraded naked. The post card writer says “Our children are educated and they are not willing to do the customary job of washing the feet of upper caste men, clear the left-overs after the marriage feast and wash the utensils.” Assuming that the facts given above are correct, you have to decide: Does this case involve violation of Fundamental Rights? What would you order the government to do in this case?  Indian Constitution at Work Article 21: Protection of life and personal liberty—No person shall be deprived of his life or personal liberty except according to procedure established by law. RIGHT TO FREEDOM Equality and freedom or liberty, are the two rights that are most essential to a democracy. It is not possible to think of the one without thinking of the other. Liberty means freedom of thought, expression and action. However it does not mean freedom to do anything that one desires or likes. If that were to be permitted then a large number of people will not be able to enjoy their freedom. Therefore, freedoms are defined in such a manner that every person will enjoy her freedom without threatening freedom of others and without endangering the law and order situation. Right to life and personal liberty The foremost right among rights to freedom is the right to life and personal liberty. No citizen can be denied his or her life except by procedure as laid down under the law. Similarly no one can be denied his/her personal liberty. Does D itt mean thatt iin some m That means no one can be arrested without being told c cases o someone’s s life i e can a bbe the grounds for such an arrest. If arrested, the person taken t eenn away byy law? a ? That T has the right to defend himself by a lawyer of his choice. sounds s s strange. ttrr Can you Also, it is mandatory for the police to take that person to t think of ann example? m the nearest magistrate within 24 hours. The magistrate, who is not part of the police, will decide whether the arrest is justified or not. This right is not just confined to a guarantee against 34 taking away of an individual’s life but has wider application. Various judgments of Supreme Court have expanded the scope of this right. The Supreme Court Chapter 2: Rights in the Indian Constitution has ruled that this right also includes right to live with human dignity, free from exploitation. The court has held that right to shelter and 35 livelihood is also included in the right to life because no person can live without the means of living, that is, the means of livelihood. Preventive detention Ordinarily, a person would be arrested after he or she has reportedly committed some offence. However there are exceptions to this. Sometimes a person can be arrested simply out of an apprehension that he or she is likely to engage in unlawful activity and imprisoned for some time without following the above mentioned procedure. This is known as preventive detention. It means that if the government feels that a person can be a threat to law and order or to the peace and security of the nation, it can detain or arrest that person. This preventive detention can be extended only for three months. After three months such a case is brought before an advisory board for review. On the face of it, preventive detention looks like an effective tool in the hands of the government to deal with anti-social elements or subversives. But this provision has often been misused by the government. Many people think that there must be greater safeguards in this law so that it may not be misused against people for reasons other than that which are really justified. In fact, there is a clear tension between right to life and personal liberty and the provision for preventive detention. Other freedoms You can see that under the right to freedom there are some other rights as well. These rights however are not absolute. Each of these is subject to restrictions imposed by the government. For example right to freedom of speech and expression is subject to restrictions such as public order, peace and morality etc. Freedom to assemble too is to be exercised peacefully and without arms. The government may impose restrictions in certain areas declaring the assembly of five or more persons as unlawful. Such powers can be easily misused by the administration. The genuine protest against an act or policy of government by the people may be denied  Indian Constitution at Work permission. However, if the people are aware and vigilant in regard to their rights and choose to protest against such acts of administration such misuse becomes rare. In the Constituent Assembly itself, some members had expressed their dissatisfaction about restrictions on rights. I feel that many of these fundamental rights have been framed from the point of view of a police Constable… you will find that very minimum rights have been conceded and are almost invariably followed by a proviso. Almost every article is followed by a proviso which takes away the right almost completely,.. …What should be our conception of fundamental rights ?....We want to incorporate every one of those rights which our people want to get. Somnath Lahiri [CAD, Vol. III, p. 404] Rights of accused Our Constitution ensures that persons accused of various offences would also get sufficient protection. We often tend to believe that anyone who is charged with some offence is guilty. However, no one is guilty unless the court has found that person guilty of an offence. It is also necessary that a person accused of any crime should get adequate opportunity to defend herself or himself. To ensure a fair trial in courts, the Constitution has provided three rights: “ no person would be punished for the same offence more than once, “ no law shall declare any action as illegal from a backdate, 36 and “ no person shall be asked to give evidence against himself or herself. Chapter 2: Rights in the Indian Constitution Check your progress Do you think that the following situations demand 37 restrictions on right to freedom? Give reasons to support your answer. a. People have assembled for a peace march after communal riots in the city. b. Dalits are denied entry in a temple. A march is being organised to forcibly enter the temple. c. Hundreds of tribals armed with their traditional weapons bows arrows and axes have blocked the road. They are demanding that the surplus land taken for an industry be returned to them. d. A caste panchayat is meeting to decide the punishment to a young couple for marrying outside their caste. RIGHT AGAINST EXPLOITATION In our country there are millions of people who are underprivileged and deprived. They may be subjected to exploitation by their fellow human beings. One such form of exploitation in our country has been begar or forced labour without payment. Another closely related form of exploitation is buying and selling of human beings and using them as slaves. Both of these are prohibited under the Constitution. Forced labour was imposed by landlords, money lenders and other wealthy persons in the past. Some form of bonded labour still Name the fundamental rights whose continues in the country, specially violation is depicted in this in brick kiln work. It has now photograph. been declared a crime and it is punishable.  Indian Constitution at Work The Constitution also forbids employment of children below the age of 14 years in dangerous jobs like factories and mines. With child labour being made illegal and right to education becoming a fundamental right for children, this right against exploitation has become more meaningful. RIGHT TO FREEDOM OF RELIGION According to our Constitution, everyone enjoys the right to follow the religion of his or her choice. This freedom is considered as a hallmark of democracy. Historically, there were rulers and emperors in different parts of the world who did not allow residents of their countries to enjoy the right to freedom of religion. Persons following a religion different from that of the ruler were either persecuted or forced to convert to the official religion of the rulers. Therefore, democracy has always incorporated the freedom to follow the religion of one’s choice as one of its basic principles. Freedom of faith and worship In India, everyone is free to choose a religion and practice that religion. Freedom of religion also includes the freedom of conscience. This means that a person may choose any religion or may choose not to follow any religion. Freedom of religion includes the freedom to profess, follow and propagate any religion. Freedom of religion is subject to certain limitations. The government can impose restrictions on the practice of freedom of religion in order to protect public order, morality and health. This means that the freedom of religion is not an unlimited right. The government can interfere in religious matters for rooting out certain social evils. For example in the past, the government has taken steps banning practices like sati, bigamy or human sacrifice. Such restrictions cannot be opposed in the name of interference in right to freedom of religion. The limitations on the right to freedom of religion always produce tensions between followers of various religions and the government. When the government seeks to restrict some activities of any religious group, people of that religion feel that this is interference in their 38 religion. Freedom of religion becomes a matter of political controversy for yet another reason. The Constitution has guaranteed the right to propagate one’s religion. This includes persuading people to Chapter 2: Rights in the Indian Constitution convert from one religion to another. However, some people resent conversions on the ground that these are based on intimidation or 39 inducement. The Constitution does not allow forcible conversions. It only gives us the right to spread information about our religion and thus attract others to it. Equality of all religions Being a country which is home to several religions, it is necessary that the government must extend equal treatment to different religions. Negatively, it means that government will not favour any particular religion. India does not have any official religion. We don’t have to belong to any particular religion in order to be a prime minister or president or judge or any other public official. We have also seen that under the right to equality, there is a guarantee that government will not discriminate on the basis of religion in giving employment. The institutions run by the state will not preach any religion or give religious education nor will they favour persons of any religion. The objective of these provisions is to sustain and nurture the principle of secularism. Activity Make a list of public religious activities that take place in your village or city. Which of these involve an exercise of right to religious freedom? Discuss what could have happened if this right was not available to people in your locality. CULTURAL AND EDUCATIONAL RIGHTS When we talk of the Indian society, the image of diversity comes before our minds. India is not made up of a monolithic society. We are a society that has vast diversity. In such a society that is full of diversity, there would be social sections which are small in numbers compared to some other groups. If a group is in minority, will it have to adopt the culture of the majority? Our Constitution believes that diversity is our strength. Therefore, one of the fundamental rights is the right of the minorities to maintain their culture. This minority status is not dependent only  Indian Constitution at Work A heavy responsibility would be cast on the majority to see that in fact the minorities feel secure. …the only safety for the minorities lies in a secular State. It pays them to be nationalists …..The majority community should not boast of their national outlook. …….They