Constitution, Preamble, Rights and Duties
The Constitution, Preamble, Fundamental Rights and Fundamental Duties chapter is one of the most important parts of the Social Studies paper of ADRE Grade IV, because it explains the very foundation on which the country is governed. The questions are direct and can usually be answered from a clear memory of a few articles and dates. The chapter should be studied in a fixed order: the making of the Constitution, the Preamble, the Fundamental Rights, the Fundamental Duties and, briefly, the Directive Principles. Once this order is clear, the article numbers and the dates fall into place naturally.
The Making of the Constitution
The idea of a constitution for independent India took shape through the Constituent Assembly, which was set up in 1946 under the Cabinet Mission Plan. Its first meeting was held on 9 December 1946, and Dr Rajendra Prasad was chosen as its President. Dr B. R. Ambedkar was the chairman of the Drafting Committee and is therefore called the chief architect of the Indian Constitution. The Constitution was adopted on 26 November 1949, and it came into force on 26 January 1950, which is celebrated every year as Republic Day. When it began, the Constitution had 395 articles, 22 parts and 8 schedules. It is the longest written constitution of any sovereign country in the world.
The Preamble
The Preamble is the short opening statement that declares the source of authority and the aims of the Constitution. It begins with the words We, the People of India, which show that all power belongs to the people. It describes India as a Sovereign, Socialist, Secular, Democratic Republic. Sovereign means free from external control, Socialist means aiming at social and economic equality, Secular means giving equal respect to all religions, Democratic means government by the will of the people, and Republic means an elected head of state instead of a hereditary king. The Preamble also promises Justice, Liberty, Equality and Fraternity to all citizens. The words Socialist and Secular were added by the 42nd Amendment in 1976.
Fundamental Rights
Fundamental Rights are given in Part III of the Constitution, from Article 12 to Article 35. They protect the freedom and dignity of every citizen and can be enforced through the courts. There are six main Fundamental Rights. The Right to Equality, Articles 14 to 18, guarantees equality before the law and forbids discrimination. The Right to Freedom, Articles 19 to 22, protects freedom of speech, assembly, association, movement, residence and profession, and protects life and personal liberty. The Right against Exploitation, Articles 23 and 24, forbids human trafficking, forced labour and child labour. The Right to Freedom of Religion, Articles 25 to 28, protects the freedom of conscience and the practice of religion. The Cultural and Educational Rights, Articles 29 and 30, protect the interests of minorities. The Right to Constitutional Remedies, Article 32, allows a citizen to move the Supreme Court for the enforcement of these rights, and Dr Ambedkar called it the heart and soul of the Constitution. The Right to Property was removed as a Fundamental Right by the 44th Amendment in 1978 and is now a legal right under Article 300A.
Fundamental Duties
Fundamental Duties are given in Part IV-A of the Constitution, under Article 51A. They were added by the 42nd Amendment in 1976 on the advice of the Swaran Singh Committee, and at present there are eleven Fundamental Duties. They ask every citizen to respect the Constitution and its ideals, to cherish the noble ideals of the freedom struggle, to protect the sovereignty and integrity of the country, to defend the nation and render national service when required, to promote harmony and brotherhood, to preserve the rich heritage of the composite culture, to protect the natural environment and wildlife, to develop a scientific temper, to safeguard public property and to abjure violence, and to strive towards excellence. Unlike Fundamental Rights, the Fundamental Duties are not directly enforceable by the courts.
Directive Principles of State Policy
The Directive Principles are given in Part IV of the Constitution, from Article 36 to Article 51. They are guidelines for the government to follow while making laws, so that the country moves towards a welfare state. They aim at providing adequate means of livelihood, equal pay for equal work, protection of children and workers, free and compulsory education, and the promotion of international peace. Unlike Fundamental Rights, they cannot be enforced in a court of law, but they are fundamental in the governance of the country.
Important Articles to Remember
- Article 12 to 35 — Fundamental Rights.
- Article 14 — Equality before the law.
- Article 19 — Six freedoms of citizens.
- Article 21 — Protection of life and personal liberty.
- Article 32 — Right to Constitutional Remedies.
- Article 51A — Fundamental Duties.
- Article 36 to 51 — Directive Principles of State Policy.
- Article 300A — Right to Property as a legal right.
How This Topic Appears in the Examination
Questions usually ask the year of adoption or enforcement of the Constitution, the name of the chairman of the Drafting Committee, the meaning of a Preamble word such as Sovereign or Secular, the number of Fundamental Rights or Duties, or the article under which a particular right is found. Some questions ask which amendment added a right or a duty. Because the facts are short and fixed, a candidate who has learnt the key articles and dates can answer very quickly.
Memory Tips
Remember three dates together: 1946 for the Constituent Assembly, 1949 for the adoption of the Constitution and 1950 for its enforcement. Keep the Preamble words in the order Sovereign, Socialist, Secular, Democratic, Republic, and remember that Socialist and Secular came with the 42nd Amendment in 1976. Learn the Fundamental Rights in a fixed sequence from equality to remedies, and remember that Article 32 is the heart and soul of the Constitution and Article 51A contains the Fundamental Duties.
Common Mistakes to Avoid
- Confusing 26 November 1949, the date of adoption, with 26 January 1950, the date of enforcement.
- Forgetting that the words Socialist and Secular were added in 1976.
- Mixing the Fundamental Rights with the Fundamental Duties.
- Thinking that the Directive Principles can be enforced in a court.
- Confusing the Right to Constitutional Remedies with the Right to Equality.
How to Prepare This Topic
- Learn the Preamble by heart with the meaning of each keyword.
- Prepare a table of the six Fundamental Rights with their articles.
- Memorise the Fundamental Duties and the amendments that added them.
- Keep a list of the most important articles and revise it daily.
- Solve previous years' papers and note which articles repeat most.
Frequently Asked Questions
When did the Constitution of India come into force?
The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950. The latter date is celebrated every year as Republic Day.
Who was the chairman of the Drafting Committee?
Dr B. R. Ambedkar was the chairman of the Drafting Committee and is called the chief architect of the Indian Constitution.
How many Fundamental Rights are there now?
There are six Fundamental Rights at present. The Right to Property was removed as a Fundamental Right by the 44th Amendment in 1978 and is now a legal right.
What does the word Secular mean in the Preamble?
Secular means that the state gives equal respect to all religions and does not have its own official religion. The word was added by the 42nd Amendment in 1976.
Which article is called the heart and soul of the Constitution?
Article 32, the Right to Constitutional Remedies, was called the heart and soul of the Constitution by Dr Ambedkar, because it allows citizens to approach the Supreme Court to enforce their rights.