CONSTITUTIONAL VALUES

Unit - 1

The making of the Constitution of India is a significant chapter in the country's history, shaped by centuries of
socio-political changes, colonial rule, and the growing momentum of the nationalist movement. Here is an overview of
its evolution and connection with the freedom struggle:

1. Historical Evolution

India's Constitution is a result of long-term legal evolution, influenced by colonial legislations and reforms. Key
developments include:

- Regulating Act of 1773 and **Pitt’s India Act of 1784**: These

acts gave the British government a degree of control over the East India Company, establishing the groundwork for
later constitutional developments.

- Government of India Acts: The 1858 Act transferred power from the East India Company to the British Crown
following the Revolt of 1857, while the 1919 and 1935 Acts laid down important administrative frameworks, offering
limited autonomy and self-governance to Indians.

2. Nationalist Movement and Demand for Constitutional Reforms

As the nationalist movement gained strength, the demand for self-rule and democratic rights grew. Milestones in the
demand for constitutional reforms include:

-Early Congress Demands (1885–1909): The Indian National Congress (INC), established in 1885, began by
demanding moderate reforms, like greater Indian representation in legislative councils and administrative reforms.

-Montagu-Chelmsford Reforms (1919): These reforms led to the Government of India Act, 1919, which introduced
dyarchy (a dual system of governance), granting some powers to elected Indian representatives. However, the
system fell short of Indian aspirations for full self-governance.

- Nehru Report (1928): This was an important attempt by Indian leaders to draft a constitutional framework in
response to the British challenge for Indians to propose their own model for dominion status. The report
recommended fundamental rights, universal adult franchise, and a federal structure but was rejected by the British.

-Demand for Complete Independence (1930–40): The nationalist movement took a decisive turn with the Lahore
session of the Congress in 1929, which declared the goal of complete independence (Purna Swaraj). Mahatma
Gandhi's leadership of mass movements like the **Civil Disobedience Movement** and **Quit India Movement**
further amplified the demand for total sovereignty.

3. Constituent Assembly and Framing of the Constitution:

The final push for the drafting of a constitution for free India came as World War II ended, and it became clear that the
British were prepared to leave India:

- Cabinet Mission Plan (1946): This mission proposed the formation of a Constituent Assembly to draft India's
Constitution, a step accepted by Indian leaders.

- Constituent Assembly (1946–1949): The Constituent Assembly was constituted with members representing
various provinces and princely states. Dr. B.R. Ambedkar, a key legal scholar and social reformer, was appointed as
the chairman of the **Drafting Committee.

4. Drafting the Constitution

The Constituent Assembly met for 165 days over a period of almost three years (December 1946 – November 1949)
to frame the Constitution. Major debates revolved around:

- Fundamental Rights: The Assembly ensured a comprehensive list of fundamental rights that included equality
before the law, freedom of speech, religion, and rights against discrimination.

- Directive Principles of State Policy: Inspired by Irish law, these principles laid down the state’s responsibilities to
ensure social welfare, equality, and justice.

- Federal Structure: India adopted a federal structure with a strong center, while balancing state autonomy. The
Assembly also debated linguistic and cultural diversity, accommodating the needs of a pluralistic society.

- Secularism and Democracy: The Constitution enshrined India as a **secular** and **democratic** republic,
ensuring equal treatment of all religions and introducing universal adult franchise.

5. Adoption and Legacy

The Constitution was adopted on **26th November 1949 and came into effect on 26th January 1950**, marking the
birth of the Republic of India. The choice of 26th January was symbolic, as it was the day in 1930 when the
Declaration of Purna Swaraj (complete independence) was made by the Congress.

India's Constitution is the world’s longest written constitution, reflecting the vision of its framers for a sovereign,
socialist, secular, and democratic republic. It continues to serve as the backbone of Indian democracy, guiding the
country through challenges while ensuring the protection of rights and justice for all citizens..

Composition of constituent Assembly:

The Constituent Assembly of India was responsible for drafting the Indian Constitution. Here are key points regarding
its composition:

1. *Formation*: The Assembly was constituted in 1946 and comprised representatives from different provinces and
princely states.

2. *Members*: It initially had 389 members. After the partition in 1947, the number was reduced to 299.

3. *Representation*: Members were elected by the provincial legislatures through a system of indirect elections. It
included representatives from various political parties and communities.

4. *Diversity*: The Assembly featured members from different regions, religions, and social backgrounds, including
prominent leaders like Dr. B.R. Ambedkar, Jawaharlal Nehru, and Sardar Vallabhbhai Patel.

5. *Committees*: Various committees were formed within the Assembly to address specific issues, such as the
drafting committee, which was headed by Dr. B.R. Ambedkar.

6. *Duration*: The Constituent Assembly met for three years and finally adopted the Constitution on January 26,
1950.

The Constituent Assembly played a crucial role in shaping the democratic framework of India through inclusive
deliberations and representation.

Constituent Assembly committees:

The Constituent Assembly of India established several committees to facilitate the drafting of the Constitution. Here
are the key committees and their roles:

1. *Drafting Committee*:
- *Chairman*: Dr. B.R. Ambedkar.
Role: Responsible for preparing the initial draft of the Constitution. It incorporated various provisions and ensured
that fundamental rights, directive principles, and the structure of government were well-articulated.

2. *Union Powers Committee*:

- Chairman: Sardar Vallabhbhai Patel.
- Role: Focused on defining the distribution of powers between the central government and the states, helping
shape the federal structure of governance.

3. *Fundamental Rights Committee*:

- *Chairman*: R. Ambedkar.
- Role: Drafted the chapter on Fundamental Rights, ensuring the protection of individual liberties and rights against
state interference.

4. *Minority Rights Committee*:

- *Chairman*: G. M. Banatwala.
- Role: Addressed the rights of minorities, ensuring their representation and protection in the new constitutional
framework.

5. *State Reorganization Committee*:

- *Chairman*: Sardar Vallabhbhai Patel.
- Role -Examined the boundaries of states and their reorganization based on linguistic and cultural identities.

6. *Finance Committee*:
- *Chairman*: K. Santhanam.
- Role: Discussed fiscal powers and responsibilities between the central and state governments, a for economic
governance.

7. Constitutional Advisor Committee:

- *Role*: Provided legal expertise and advice on various constitutional matters, helping ensure legal coherence
and viability.

8. *Social Welfare Committee*:

- Role: Addressed issues related to social justice and welfare, influencing provisions related to disadvantaged
groups.

Each committee played a vital role in shaping different aspects of the Constitution, ensuring thorough discussions
and comprehensive representation of diverse interests in India’s constitutional framework.

Enactment of the Constitution of India:

The Constitution of India was enacted on January 26, 1950. Its formation was the result of a lengthy process that
began with the Indian independence movement and involved significant contributions from various leaders and
groups.

Key Steps in the Enactment:

1. *Government of India Act 1935*: This act provided a framework for governance and influenced the drafting of
the Constitution.
 2. *Constituent Assembly Formation*: In 1946, the Constituent Assembly was formed to draft the Constitution. It
comprised elected representatives from various provinces and was tasked with framing a constitution for independent
India.

3. *Drafting Committee*: Dr. B.R. Ambedkar was appointed as the chairman of the Drafting Committee, which was
responsible for preparing the draft of the Constitution.

4. *Public Consultation*: The draft was published and made available for public debate. Suggestions and criticisms
were invited, leading to revisions.

5. *Adoption of the Constitution*: The final draft was adopted on November 26, 1949, after extensive discussions
and debates. The Constituent Assembly met for 166 days over a period of almost three years.

6. *Enactment Date*: The Constitution came into effect on January 26, 1950, which is celebrated as Republic Day in
India. This date was chosen to reflect the significance of the national movement for self-governance.

The Constitution is considered a living document and has been amended multiple times to adapt to changing societal
needs. It serves as the foundation of India's legal and political framework.

Dr. B.R. Ambedkar, Jawaharlal Nehru, and Sardar Vallabhbhai Patel played pivotal roles in the Indian
Constituent Assembly, shaping the foundation of modern India.

* Dr. B.R. Ambedkar

As the Chairman of the Drafting Committee, Ambedkar was instrumental in framing the Constitution. He advocated
for social justice, ensuring the inclusion of provisions for the rights of Scheduled Castes and Scheduled Tribes. His
emphasis on fundamental rights and legal equality helped address historical injustices.

. His contributions can be understood in the following ways:

1. Chairman of the Drafting Committee

●​ Ambedkar was appointed as the Chairman of the Drafting Committee of the Constituent Assembly on
August 29, 1947.
●​ He played a key role in drafting the Indian Constitution, ensuring that it reflected democratic and egalitarian
principles.

2. Champion of Social Justice

●​ Ambedkar advocated for the abolition of untouchability and worked to secure equal rights for Dalits and
other marginalized communities.
●​ He was instrumental in including Article 17, which abolished untouchability.

3. Fundamental Rights and Directive Principles

●​ He emphasized the inclusion of Fundamental Rights to guarantee civil liberties such as equality, freedom
of speech, and protection from discrimination.
●​ He also contributed to the Directive Principles of State Policy, ensuring the government worked towards
social and economic justice.
4. Advocate of Political and Economic Democracy
●​ Ambedkar believed that political democracy should be accompanied by social and economic democracy.
●​ He supported state intervention in the economy to uplift marginalized communities and reduce inequalities.

5. Promotion of Secularism and Equality

●​ He strongly advocated for a secular state where religion and politics remained separate.
●​ He opposed discrimination based on religion, caste, or gender.

6. Universal Adult Franchise

●​ Ambedkar played a significant role in ensuring universal adult franchise, giving every Indian citizen,
regardless of caste, gender, or wealth, the right to vote.

7. Criticism and Defense of the Constitution

●​ While some criticized the Constitution, Ambedkar defended it, stating that its success depended on how it
was implemented by future leaders.
●​ However, he also acknowledged its limitations and called for continuous reforms to address social injustices.

Conclusion
Dr. B.R. Ambedkar’s contributions ensured that the Indian Constitution became a document of justice, equality, and
democracy. His vision laid the foundation for an inclusive and progressive India.

*Jawaharlal Nehru
Nehru, as a leading member and the first Prime Minister of India, pushed for a secular and democratic state. He
emphasized individual rights, social welfare, and economic development. His vision for a modern India shaped many
provisions related to governance and civil liberties.

Jawaharlal Nehru played a pivotal role in the making of the Indian Constitution. As a visionary leader and the first
Prime Minister of India, his contributions can be understood in the following ways:

1. Introduction of the Objectives Resolution (1946)

●​ On December 13, 1946, Nehru introduced the Objectives Resolution in the Constituent Assembly.
●​ This resolution laid the foundation for the Constitution, emphasizing sovereignty, democracy, equality,
justice, and fraternity.
●​ It later shaped the Preamble of the Indian Constitution.

2. Advocate of Democratic and Secular Principles

●​ Nehru was a strong advocate of parliamentary democracy and played a key role in ensuring that India
adopted a system based on universal adult suffrage.
●​ He championed secularism, ensuring that the Indian state remained neutral in matters of religion.
3. Role in Fundamental Rights and Directive Principles
●​ Nehru believed in individual freedoms and social justice, influencing the inclusion of Fundamental Rights
(Part III) in the Constitution.
●​ His socialist ideas influenced the Directive Principles of State Policy (DPSP), which aimed to reduce
economic inequalities and promote welfare policies.

4. Economic and Social Vision

●​ Nehru’s vision of a socialist and welfare state influenced policies related to economic planning, land
reforms, and industrialization.
●​ His ideas helped shape policies that aimed at eliminating poverty and promoting economic self-sufficiency.

5. Influence on Foreign Policy and National Unity

●​ As a key leader of the freedom movement, Nehru ensured that the Constitution reflected India’s
independent foreign policy.
●​ He promoted national unity by advocating for a strong central government while accommodating diversity
through federalism.

6. Leadership in the Constituent Assembly Debates

●​ Nehru was one of the most influential voices in the Constituent Assembly debates, shaping discussions
on governance, fundamental rights, and national integration.
●​ He worked closely with Dr. B.R. Ambedkar, Sardar Patel, Rajendra Prasad, and others in finalizing the
Constitution.

Conclusion
Jawaharlal Nehru’s contributions ensured that the Indian Constitution was based on democratic, secular, and socialist
principles. His vision for an independent, inclusive, and progressive India played a significant role in shaping the
country's constitutional framework.

The Preamble of the Constitution of India outlines the fundamental values and principles that guide the nation. It
sets the tone for the Constitution and reflects the aspirations of the people. Here are the key values enshrined in it:

1. *Sovereignty*: India is a sovereign nation, meaning it is independent and has the authority to govern itself without
external interference.

2. *Socialist*: The term indicates a commitment to social and economic equality, ensuring that wealth is distributed
fairly among all citizens and that the government works for the welfare of the people.

3. *Secularism*: India treats all religions equally and upholds the right of individuals to practice their faith freely. It
promotes harmony among diverse religious communities.

4. *Democratic*: The Constitution establishes India as a democracy, where the government is elected by the people,
ensuring participation in decision-making.
5. *Republic*: This means that the head of state is elected, not a hereditary monarch. It emphasizes the
accountability of the government to the people.

6. *Justice*: The Preamble stresses the importance of social, economic, and political justice, aiming to eliminate
inequalities and ensure fairness in society.

7. *Liberty*: It guarantees individual freedoms, including freedom of thought, expression, belief, faith, and worship,
allowing people to live without oppression.

8. *Equality*: The Preamble advocates for equality of status and opportunity for all citizens, ensuring that
discrimination based on caste, creed, or gender is prohibited.

9. *Fraternity*: This promotes a sense of brotherhood among citizens, aiming to maintain the dignity of the individual
and unity among the diverse population of India.

Together, these values form the foundation of the Indian state, guiding its laws and policies and embodying the ideals
that the Constitution seeks to achieve.

Unit II

Salient Features and basic structure of the Indian Constitution

The *Indian Constitution*, adopted in 1949, is a comprehensive and intricate legal document designed to address
India's diverse social, political, and cultural realities. Over time, certain features of the Constitution have been
highlighted as particularly important or *salient*. Additionally, the doctrine of *Basic Structure* has evolved to protect
key elements of the Constitution from arbitrary changes. Here’s an overview:

1. *Longest Written Constitution*:

- With 395 articles (in 22 parts) and 12 schedules at the time of its adoption, the Indian Constitution is the longest in
the world. It covers a wide array of issues due to India's diversity and complexity.

2. *Blend of Rigidity and Flexibility*:

- The Constitution can be amended, but the process requires different levels of difficulty depending on the nature of
the amendment. Some provisions can be changed by a simple majority, while others require a two-thirds majority or
ratification by at least half of the states.

3. *Federal System with a Strong Centre*:

- India is a federal system with clear divisions of power between the Centre and States, listed under three subjects:
Union List, State List, and Concurrent List. However, the Constitution grants the Centre more power, reflecting India's
need for unity and coordination.

4. *Parliamentary System of Government*:

- India follows the British parliamentary model, wherein the executive is responsible to the legislature. The
President is the nominal head of state, while real executive power lies with the Prime Minister and the Council of
Ministers.

5. *Secularism*:
- India is a secular state, meaning that there is no state religion. The state treats all religions equally and
guarantees individuals the right to freely profess, practice, and propagate any religion (or none at all).

6. *Single Citizenship*:
 - Unlike some federal countries that offer dual citizenship (national and state), India provides only one citizenship
for all its citizens, strengthening national unity.

7. *Independent Judiciary*:
- The judiciary is independent of the executive and legislature. The Supreme Court of India serves as the final
arbiter of the Constitution and has the power to review laws for their constitutionality through *judicial review*.

8. *Fundamental Rights*:
- The Constitution provides six categories of fundamental rights: the right to equality, the right to freedom, the right
against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional
remedies. These rights are enforceable in courts, ensuring protection of individual liberties.

9. *Directive Principles of State Policy*:

●​ - These are guidelines for the state to follow to ensure social and economic democracy. While not
enforceable in court, the Directive Principles aim to achieve goals like reducing inequality, ensuring health
and education, and promoting social justice.

10. *Universal Adult Franchise*:

- The Constitution establishes universal adult suffrage, granting all Indian citizens above the age of 18 the right to
vote, irrespective of their caste, creed, religion, or gender.

11. *Emergency Provisions*:

- The Constitution allows the government to declare a national, state, or financial emergency in times of threat to
national security or internal order. During such emergencies, certain rights may be suspended, and the Centre can
assume more control over state functions.

12. *Reservation and Affirmative Action*:

- The Constitution includes provisions for affirmative action to uplift historically marginalized communities,
particularly through reservation in education and government jobs for Scheduled Castes (SC), Scheduled Tribes (ST),
and Other Backward Classes (OBC).

13. *Quasi-Federal Nature*:

- Though India has a federal structure, it also exhibits **unitary characteristics** during emergencies, giving the
Central government significant powers over state governments when necessary.

The **Fundamental Rights** enshrined in the **Constitution of India** are key elements that protect
individual freedoms and promote a just, equitable society. These rights, outlined in **Part III** (Articles 12 to 35) of the
Constitution, guarantee civil liberties for all citizens, ensuring they can lead a life of dignity and freedom. Here’s a
breakdown of these rights and how they safeguard individual liberties:

1. *Right to Equality (Articles 14–18)*

This set of rights guarantees **equality before the law** and **protection against discrimination**.

- *Article 14*: Equality before law and equal protection of the laws. It prevents arbitrary actions by the state and
promotes fairness.
- *Article 15*: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. It ensures that
individuals are not treated unfairly because of their identity.
- *Article 16*: Equality of opportunity in matters of public employment. The state must provide equal access to
government jobs, ensuring merit and fairness in employment practices.
- *Article 17*: Abolition of untouchability. This article eradicates the practice of untouchability, protecting the dignity
and rights of marginalized communities.
- *Article 18*: Abolition of titles (except military and academic distinctions). This discourages practices that promote
inequality based on titles.

*How it safeguards liberty*:

- The Right to Equality ensures that no person is discriminated against based on inherent characteristics such as
caste, gender, or religion. It safeguards individuals from both legal discrimination and societal marginalization,
guaranteeing their equal status in public and social life.

2. **Right to Freedom (Articles 19–22)**

This group of rights provides individuals with several key freedoms, subject to reasonable restrictions for the security
of the state, public order, or morality.

- *Article 19*: Guarantees six fundamental freedoms:

- *Freedom of speech and expression**: Allows individuals to express their opinions without undue interference from
the state.
- **Freedom of assembly**: Right to assemble peacefully without arms.
- *Freedom to form associations*: The right to form and participate in associations or unions.
- *Freedom of movement*: Right to move freely throughout India.
- **Freedom of residence*: Right to reside and settle in any part of India.
- *Freedom of profession*: Right to practice any profession or to carry on any occupation, trade, or business.

- *Article 20*: Protection in respect of conviction for offenses, including protection against *ex-post facto laws*,
double jeopardy, and self-incrimination.

- *Article 21*: **Right to life and personal liberty**: Considered the heart of Fundamental Rights, Article 21 has been
expansively interpreted by the Supreme Court to include the right to privacy, right to a clean environment, right to
shelter, and more.

- *Article 21A*: **Right to Education**: This provides for free and compulsory education for children between the
ages of 6 and 14.

- *Article 22*: Protection against arrest and detention, ensuring individuals are informed of the reasons for their
arrest, and they have the right to legal representation and a speedy trial.

*How it safeguards liberty*:

- The Right to Freedom grants individuals autonomy over their speech, associations, movements, and professions,
forming the bedrock of democratic participation. Article 21, in particular, has been a cornerstone of individual liberty,
with the judiciary interpreting it broadly to include various facets of human dignity.

3. *Right against Exploitation (Articles 23–24)*

These articles protect individuals from exploitation in any form.

- *Article 23*: Prohibits human trafficking and forced labor. It also makes practices such as **begar** (forced labor
without payment) illegal.

- *Article 24*: Prohibits the employment of children in hazardous industries or jobs. This ensures that children are
protected from exploitation in work environments.

*How it safeguards liberty*:

- By prohibiting human trafficking, forced labor, and child labor, this right ensures that individuals are not subjected to
exploitation and inhuman treatment. It upholds their dignity and liberty, particularly for vulnerable sections of society.

4. *Right to Freedom of Religion (Articles 25–28)*This set of rights secures *religious freedom* for all individuals in
India.

- *Article 25*: Freedom of conscience and the right to freely profess, practice, and propagate any religion, subject to
public order, morality, and health.
- *Article 26*: Freedom to manage religious affairs, allowing religious groups to establish and maintain institutions for
religious and charitable purposes.
- *Article 27*: Prohibits the imposition of taxes for the promotion of any particular religion, ensuring no citizen is
compelled to financially support a religion they do not follow.
- *Article 28*: Provides freedom in attending religious instruction in educational institutions, particularly those that are
wholly maintained by the state.

*How it safeguards liberty*:

- The Right to Freedom of Religion ensures that every individual can practice their religion without interference,
protecting personal beliefs and cultural practices. It also prevents the state from imposing religious preferences,
fostering a secular environment that respects all faiths.

5. *Cultural and Educational Rights (Articles 29–30)* These rights protect the **cultural and educational
autonomy** of minorities.

- *Article 29*: Protects the right of any section of citizens to conserve their distinct language, script, or culture.
- *Article 30*: Provides minorities (religious or linguistic) the right to establish and administer educational institutions
of their choice.

**How it safeguards liberty**:

- These rights protect the cultural identity and autonomy of minority groups, ensuring they can preserve their heritage
while participating fully in national life. Educational institutions established by minorities help in maintaining their
cultural and educational rights, free from state interference.

6. *Right to Constitutional Remedies (Article 32)*

Described by Dr. B.R. Ambedkar as the *“heart and soul of the Constitution”*, Article 32 gives individuals the right to
approach the Supreme Court or High Courts to enforce their fundamental rights.

- It empowers citizens to seek legal redress when their rights are violated, through writs like *habeas corpus*
(release from unlawful detention), *mandamus* (directive to a lower court or authority to perform a duty),
*prohibition*, *quo warranto*, and *certiorari*.

*How it safeguards liberty*:

- The Right to Constitutional Remedies ensures that individuals can seek the protection of the judiciary when their
fundamental rights are threatened or infringed upon, serving as a powerful mechanism for safeguarding individual
liberties. It empowers citizens to hold the state accountable, ensuring that the guarantees provided by the
Constitution are not merely theoretical but are actively enforced.

Conclusion

The Fundamental Rights in the Indian Constitution act as essential safeguards for individual liberties, ensuring that
every citizen has the right to live with dignity, equality, and freedom. These rights limit the state's power, protect
individuals from exploitation and arbitrary actions, and ensure a framework where citizens can freely express
themselves, practice their beliefs, and pursue personal development. Through judicial review and constitutional
remedies, these rights offer an active shield for individual freedoms in the world’s largest democracy.
The *Directive Principles of State Policy (DPSP)*, enshrined in **Part IV* of the **Indian Constitution**
(Articles 36 to 51), are guidelines for the governance of the country. While not enforceable by courts, they are
fundamental in the governance of the state and aim to create a welfare state by addressing economic and social
justice. The DPSPs are divided into three categories based on their ideological influences: **Socialist**,
**Gandhian**, and **Liberal-Intellectual** principles.

1. **Socialist Principles**

The socialist principles in the DPSPs aim to establish social and economic equality, providing a framework for
creating a welfare state. These principles reflect the influence of socialism and aim to bridge the gap between rich
and poor.

- **Article 38**: The state shall strive to promote the welfare of the people by securing a social order in which
justice—social, economic, and political—shall inform all institutions of national life.

- **Article 39**: The state shall, in particular, direct its policy towards securing:
- The right to adequate means of livelihood for all citizens.
- Equal pay for equal work for both men and women.
- Prevention of the concentration of wealth and means of production to the common detriment.
- Equal distribution of resources and wealth to subserve the common good.
- Protection of the health and strength of workers and the tender age of children, ensuring they are not abused or
exploited in hazardous employment.

- **Article 41**: Right to work, education, and public assistance in cases of unemployment, old age, sickness, and
disablement.

- **Article 42**: Provisions for just and humane conditions of work and maternity relief.

- **Article 43**: Living wage and decent standard of life for workers.

- **Article 47**: Duty of the state to raise the level of nutrition and standard of living and improve public health.

**Significance**:
- These provisions aim to eliminate poverty, ensure equitable distribution of wealth, and provide for social welfare
measures, focusing on protecting the working class, labor rights, and the overall economic well-being of all citizens.

2. **Gandhian Principles**

The Gandhian principles reflect the ideas of **Mahatma Gandhi**, who emphasized rural development, self-reliance,
and the upliftment of the underprivileged. These principles aim to create a decentralized political structure with
village-based governance.

- **Article 40**: The state shall take steps to organize **village panchayats** and endow them with the authority to
function as units of self-government.

- **Article 43**: The state shall promote cottage industries on an individual or cooperative basis in rural areas,
ensuring self-reliance and local employment.

- **Article 46**: Promotion of the educational and economic interests of **Scheduled Castes, Scheduled Tribes**, and
other weaker sections, protecting them from social injustice and all forms of exploitation.
- *Article 47*: The state shall endeavor to prohibit the consumption of intoxicating drinks and drugs harmful to health.

- *Article 48*: The state shall take steps to improve animal husbandry and *agriculture*, particularly promoting the
preservation of breeds and improving the quality of cattle.

**Significance**:
- These principles aim at creating a village-centered economy, promoting self-sufficiency, reducing social and
economic inequalities, and protecting weaker sections of society. They reflect Gandhi's vision of **Gram Swaraj**
(village self-rule) and his emphasis on moral and ethical governance.

3. **Liberal-Intellectual Principles**

These principles are inspired by liberal thought, focusing on individual freedom, the rule of law, international peace,
and the establishment of a just society. They emphasize legal, political, and administrative reform and aim to
integrate India into the global community with a progressive outlook.

- **Article 44**: The state shall endeavor to secure a **Uniform Civil Code** for all citizens, ensuring uniformity in
personal laws across religions, thereby promoting national integration.

- **Article 45**: Provision for early childhood care and education until children complete the age of six years (originally
aimed at free and compulsory education for all children).

- **Article 48**: The state shall endeavor to improve and modernize agriculture and animal husbandry, while ensuring
the protection and improvement of the environment.

- *Article 48A*: The state shall endeavor to protect and improve the environment and safeguard the forests and
wildlife of the country.

- *Article 49*: Protection of monuments, places, and objects of national importance, ensuring the preservation of
India's cultural heritage.

- *Article 50*: Separation of the judiciary from the executive in public services, ensuring an independent judicial
system that is free from the influence of the executive.

- *Article 51*: Promotion of international peace and security, respect for international law and treaty obligations, and
encouraging the settlement of international disputes by arbitration.

*Significance*:
- The liberal-intellectual principles reflect modern, progressive values by advocating for the separation of powers,
promotion of environmental protection, and efforts towards peace and international cooperation. They emphasize
reforms in law, governance, and education, aligning India with contemporary global standards of justice and
development.

Conclusion

The **Directive Principles of State Policy** serve as a guiding framework for the state to follow in achieving social and
economic justice, protecting weaker sections, and promoting welfare. Although non-justiciable, they influence
policy-making and legislation, particularly in areas like labor welfare, environmental protection, and education. Over
the years, these principles have helped shape India's development trajectory, balancing socialist ideals, Gandhian
values, and liberal thought, while promoting the overarching goal of creating a just, equitable, and prosperous society.

The *Fundamental Duties* in the Indian Constitution were added by the **42nd Amendment Act of 1976**
under **Article 51A**, as part of the recommendations of the **Swaran Singh Committee**. These duties are
enshrined in **Part IVA** of the Constitution and are meant to serve as moral obligations for every Indian citizen.
Though they are not legally enforceable like Fundamental Rights, they serve as a reminder to citizens of their
responsibilities towards the nation, society, and fellow citizens.

List of Fundamental Duties

Article 51A of the Indian Constitution originally laid down **ten Fundamental Duties**, and one more was added by
the **86th Amendment Act of 2002**, bringing the total to eleven:

1. **To abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem**:
- Every citizen is expected to uphold the sovereignty and integrity of the country, respect the constitutional
framework, and show respect for national symbols like the flag and the anthem.

2. **To cherish and follow the noble ideals that inspired the national struggle for freedom**:
- Citizens are urged to keep alive the principles and values that fueled the independence movement, such as
justice, liberty, and equality.

3. *To uphold and protect the sovereignty, unity, and integrity of India*:
- Citizens are expected to contribute to the security and preservation of India's territorial integrity and refrain from
acts that threaten its unity.

4. **To defend the country and render national service when called upon to do so**:
- It is the duty of citizens to stand up for the nation, particularly in times of emergency or external threats.

5. *To promote harmony and the spirit of common brotherhood amongst all the people of India, transcending
religious, linguistic, and regional or sectional diversities*:
- This duty emphasizes the need for promoting unity in diversity and fostering an environment of mutual respect
among people from different backgrounds.

6. **To value and preserve the rich heritage of our composite culture**:
- Citizens are encouraged to respect and protect India’s cultural heritage, which is marked by diversity and historical
significance.

7. *To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have
compassion for living creatures*:
- This duty focuses on the protection of the environment, conservation of biodiversity, and the ethical treatment of
animals.

8. *To develop scientific temper, humanism, and the spirit of inquiry and reform*:
- Citizens should cultivate a rational, scientific approach to life and support efforts toward social progress, inquiry,
and reform.

9. *To safeguard public property and to abjure violence*:

- Citizens are expected to protect public assets and refrain from causing damage or engaging in acts of violence.

10. *To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises
to higher levels of endeavor and achievement*:
- Every citizen should aim for excellence in their respective fields, contributing to the overall progress and
development of the nation.

11. *To provide opportunities for education to one’s child or ward between the ages of six and fourteen years*:
- This was added by the *86th Amendment* and makes it a duty for parents or guardians to ensure that their
children receive education.
Importance of Fundamental Duties

1. *Promotion of National Unity*:

- The Fundamental Duties emphasize the importance of unity, patriotism, and the protection of national interests,
thus fostering a sense of nationalism and integrity among citizens.

2. *Balanced with Fundamental Rights*:

- While Fundamental Rights are enforceable and empower citizens, Fundamental Duties serve as a counterbalance
by reminding citizens of their role in maintaining social harmony and contributing to the nation.

3. *Moral Obligation*:
- These duties act as moral obligations for citizens to act responsibly toward society and the nation. Although they
are not enforceable by law, their observance helps create a disciplined and harmonious society.

4. *Environmental Conservation*:
- The duty to protect the environment reflects a modern understanding of ecological sustainability and the necessity
for every individual to participate in protecting natural resources.

5. *Social Reform and Progress*:

- The Fundamental Duties encourage scientific temper and the spirit of reform, reflecting the aspiration for a
progressive society grounded in rationalism and humanism.

6. *Protection of Public Property*:

- By stressing the need to safeguard public property, the duties seek to ensure that citizens act responsibly and
contribute to the overall welfare of the community.

Conclusion

The Fundamental Duties serve as a reminder to every citizen that while they enjoy various rights, they also have
responsibilities toward the nation, its institutions, and fellow citizens. These duties aim to promote civic responsibility,
social harmony, and environmental sustainability, contributing to the holistic development of the country. While not
legally enforceable, they play an important role in fostering a sense of patriotism and moral obligation in Indian
citizens.

The **Basic Structure* doctrine of the Indian Constitution is a judicial principle that limits the power of the
Parliament to amend the Constitution, ensuring that certain fundamental features cannot be altered or destroyed.
This doctrine was established by the *Supreme Court of India* in the landmark *Keshavananda Bharati v. State of
Kerala (1973)* case.

Background of the Keshavananda Bharati Case

- The Keshavananda Bharati Case (1973) is considered one of the most significant constitutional cases in Indian
legal history.
- The case arose when *Swami Keshavananda Bharati*, head of a religious mutt (monastery) in Kerala, challenged
the *Kerala Land Reforms Act, 1969*, claiming that the Act violated his fundamental rights under *Article 26*
(Freedom to manage religious affairs), *Article 14* (Right to Equality), and *Article 19(1)(f)* (Right to Property, which
was later repealed).
- At the heart of the dispute was the question of the extent of *Parliament's power to amend the Constitution* under
*Article 368*, especially concerning Fundamental Rights.

Key Constitutional Amendments Preceding the Case

Before the Keshavananda Bharati judgment, there were two important cases that shaped the debate around
Parliament's power to amend the Constitution:

1. *Shankari Prasad Case (1951)*: The Supreme Court upheld the power of Parliament to amend any part of the
Constitution, including Fundamental Rights, under Article 368.

2. *Golak Nath Case (1967)*: The Supreme Court overruled its earlier position and held that Parliament could not
amend Fundamental Rights, declaring that such rights were outside the scope of amendment.

In response, the Parliament passed the *24th and 25th Constitutional Amendments*, which sought to restore its
authority to amend Fundamental Rights.

Judgment in the Keshavananda Bharati Case (1973)

The *Keshavananda Bharati* case was heard by a *13-judge bench* of the Supreme Court, making it the largest
constitutional bench in Indian history. After extensive deliberations, the court delivered a *7-6 majority* judgment that
introduced the *Basic Structure Doctrine*.

The key points of the judgment are as follows:

1. *Parliament’s Power to Amend the Constitution*: - The Supreme Court ruled that *Parliament has the power to
amend any part of the Constitution, including Fundamental Rights*, under Article 368.
- However, *Parliament cannot alter or destroy the Basic Structure of the Constitution*. This means that while
amendments can be made, they cannot fundamentally change the core principles or framework of the Constitution.

2. *Overruling of Golak Nath Case*: - The court overruled the Golak Nath case, thereby reaffirming that Parliament
can amend Fundamental Rights.

3. *Limitation on Parliament's Amending Power*: - The court introduced the concept of *Basic Structure* as an
implied limitation on the power of Parliament, stating that certain essential features of the Constitution cannot be
altered through amendments.

Basic Structure Doctrine

Although the court did not provide an exhaustive list of what constitutes the “Basic Structure”, it identified some
elements that form its core. Over the years, the judiciary has expanded on what aspects of the Constitution fall under
the Basic Structure. Some of the key components of the Basic Structure as identified by the court in the
Keshavananda Bharati case and subsequent cases include:

1. “Supremacy of the Constitution”: The Constitution is the highest law of the land, and any law or amendment
must conform to its provisions.

2. “Republican and Democratic form of Government”: India’s political structure, based on elected representatives
and democratic governance, is part of the basic structure.

3. “Secularism”: India is a secular state, meaning the state treats all religions equally without favoring any one
religion.

4. “Separation of Powers”: The division of powers between the legislature, executive, and judiciary is essential to
prevent the concentration of power in any one branch.

5. “Federalism”: The distribution of powers between the Union and the States is a crucial feature of the Constitution,
ensuring a balance between central authority and regional autonomy.
6. “Judicial Review”: The power of the courts to examine the constitutionality of laws passed by Parliament and the
executive's actions is fundamental to maintaining the rule of law.

7. “Rule of Law”: Every individual and authority, including the government, is subject to the law and must act in
accordance with it.

8. “Sovereignty and Unity of India”: The territorial integrity and sovereignty of India cannot be compromised.

9. “Freedom and Dignity of the Individual”: Fundamental rights such as the right to life and personal liberty, equality
before the law, and other individual freedoms form the bedrock of the Constitution.

10. “Parliamentary System of Government”: The structure of governance based on the Westminster model, with a
responsible government accountable to the legislature, is fundamental.

11. “Equality before Law”: The principle of non-discrimination and equality before the law is a crucial feature.

Importance of the Basic Structure Doctrine

1. “Preservation of Constitutional Integrity”:

- The Basic Structure doctrine ensures that the essential framework and philosophy of the Constitution remain
intact, preventing arbitrary changes by Parliament.

2. “Checks and Balances”:

- By placing restrictions on Parliament’s amending power, the doctrine maintains the system of checks and
balances and protects democratic values.

3. “Protection of Fundamental Rights”:

- While the judgment allows Parliament to amend Fundamental Rights, it ensures that such amendments do not
violate the essential principles of justice, liberty, and equality.

4. “Safeguarding Democracy”:
- The doctrine prevents any authoritarian misuse of power by ensuring that key democratic institutions and values
cannot be dismantled by constitutional amendments.

5. “Judicial Independence”:
- The concept of judicial review and the independence of the judiciary are reinforced as part of the Basic Structure,
ensuring the courts can protect citizens' rights against unconstitutional amendments.

Conclusion

The “Keshavananda Bharati case” and the subsequent development of the “Basic Structure Doctrine” have become
cornerstones of Indian constitutional law. By limiting Parliament’s power to alter certain core elements of the
Constitution, the Basic Structure doctrine ensures that the foundational principles of democracy, justice, and equality
remain inviolable. It serves as a guardian of India’s constitutional ethos, ensuring that the democratic framework and
rights of individuals are not compromised by transient political majorities.

Unit IV
Centre-state relations in India are shaped by the federal structure of the Constitution, which balances power
between the Union and staer, several challenges threaten this balance, leading to tensions and conflicts. Some major
challenges include:

1. Political and Administrative Conflicts

●​ Governor’s Role: The appointment and conduct of Governors, who act as representatives of the Centre,
often create tensions, especially when they interfere in state matters.
●​ Misuse of Article 356: The imposition of President’s Rule under Article 356 has historically been a tool for
dismissing state governments, leading to accusations of central overreach.
●​ Inter-State Disputes: Issues like water-sharing (e.g., Cauvery dispute) and boundary conflicts create
challenges that require Centre’s intervention.

2. Financial Strain and Resource Allocation

●​ GST and Fiscal Autonomy: The introduction of GST has reduced states' ability to raise independent
revenue, making them more dependent on central allocations.
●​ Finance Commission Recommendations: Disputes arise over the formula for distributing central taxes, as
states argue that they are not getting their fair share.
●​ Grants and Aids: The Centre's control over grants through schemes like Centrally Sponsored Schemes
(CSS) often limits state autonomy in policymaking.

3. Legislative and Policy Conflicts

●​ Overreach by Parliament: The Union government sometimes legislates on subjects in the State List (e.g.,
farm laws, criminal laws), leading to friction.
●​ Constitutional Amendments: Changes affecting federal structure (e.g., abrogation of Article 370) create
tensions between Centre and states.
●​ Implementation of Laws: States sometimes refuse to implement central laws they disagree with, as seen
in opposition to CAA and farm laws.

4. Economic and Developmental Disparities

●​ Unequal Development: Certain states feel neglected in terms of infrastructure, investments, and central
funding, leading to regional imbalances.
●​ Special Category Status: Some states demand special category status for extra financial aid, but the
Centre has been reluctant to grant it.

5. Security and Law Enforcement Issues

●​ NIA and CBI Jurisdiction: The Centre’s investigative agencies sometimes intervene in state matters,
leading to accusations of overreach.
●​ Border and Internal Security Issues: In states with insurgencies (e.g., Northeast, Kashmir), Centre’s direct
intervention through AFSPA or other laws leads to friction.

6. Emerging Challenges
●​ Rise of Regionalism: Growing regional parties demand greater autonomy and resist central interference.
●​ One Nation, One Election Debate: Some states argue that this proposal undermines federalism.
 ●​ Digital and Environmental Policies: Central decisions on issues like data protection, climate change, and
infrastructure projects often override state concerns.

Conclusion
The evolving nature of Centre-state relations requires cooperative federalism, where both levels of government work
together rather than in conflict. Strengthening institutions like the Inter-State Council and Finance Commission,
ensuring fair financial distribution, and respecting constitutional boundaries can help mitigate these challenges.

Unit V

Election Commission
Functions of the Election Commission of India (ECI)

The *Election Commission of India (ECI)* is an *autonomous constitutional authority* responsible for conducting free
and fair elections in India. It was established under *Article 324*of the Indian Constitution.

Functions of the Election Commission

1. Conduct of Elections. - Conducts elections for the *President, Vice President, Lok Sabha, Rajya Sabha, State
Legislative Assemblies, and Legislative Councils*.

- Supervises and controls the **entire election process**, from notification to result declaration.

*2. Delimitation of Constituencies*

- Assists in the **delimitation process**, which involves **fixing the boundaries of electoral constituencies** based on
population data.

3. Preparation and Revision of Electoral Rolls

- Ensures free, fair, and error-free electoral rolls.

- Conducts regular *revision and updating* of voter lists.

- Oversees *inclusion of new voters* and removal of ineligible names.

4. Recognition of Political Parties and Allotment of Symbols

- Grants recognition to **political parties** as **national or state parties** based on their performance in elections.

- Allocates *symbols* to political parties under the *Election Symbols (Reservation and Allotment) Order, 1968.

5. Model Code of Conduct (MCC) Implementation

- Enforces the Model Code of Conduct (MCC) to ensure fair play during elections.

- Restricts misuse of government machinery and ensures ethical campaigning.

6. Monitoring Election Expenditure

- Regulates the election expenses of candidates and political parties.

- Ensures that spending limits set by the ECI are not exceeded.

7. Voter Education and Awareness

- Conducts voter awareness programs under SVEEP (Systematic Voters' Education and Electoral Participation).

- Encourages higher voter turnout and ethical voting.

8. Conduct of Bye-Elections

- Organizes bye-elections when a seat becomes vacant in Parliament or State Legislatures.

9. Use of Technology in Elections

- Introduced Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) for transparency.

- Implements online services for voter registration and grievance redressal.

10. Addressing Election-Related Complaints

- Investigates election disputes and complaints regarding violations of electoral laws.

- Has the power to disqualify candidates for corrupt practices.

Conclusion
The ‘Election Commission of India’ plays a crucial role in ‘preserving democracy’ by ensuring ‘free, fair, and impartial
elections’. Its effective functioning strengthens the ‘democratic process and upholds the integrity of elections’ in India.

Role of Electoral Reforms in Promoting Gender Equality

Electoral reforms play a crucial role in advancing gender equality by ensuring fair representation, reducing barriers to
political participation, and creating a more inclusive democratic system. Here’s how electoral reforms contribute to
gender equality:

1. Increasing Women’s Representation in Legislatures

- Gender Quotas: Many countries have introduced reserved seats or candidate quotas to ensure a minimum
percentage of women in legislatures. For example, India’s proposed Women’s Reservation Bill aims to reserve 33%
of seats for women in Parliament and state assemblies.

- Party-Level Reforms: Political parties can be required to nominate a certain percentage of women candidates,
promoting gender balance in elections.

2. Addressing Electoral Barriers for Women

- Reducing Electoral Costs: High campaign costs often discourage women from contesting elections. Reforms like
state-funded election campaigns and financial support for women candidates help level the playing field.
- Ensuring Political Safety: Electoral reforms can include stronger laws against political violence and harassment to
protect women candidates and voters.

3. Gender-Sensitive Electoral Systems

- Proportional Representation (PR) System: Countries with PR electoral systems tend to have higher women’s
representation than majoritarian systems. PR encourages parties to include more women in candidate lists.

- Ranked Choice Voting: This system allows voters to rank candidates, often leading to more diverse and
gender-balanced outcomes.

4. Voter Awareness and Gender-Sensitive Election Management

- Gender-Inclusive Voter Registration: Electoral commissions must ensure that women, especially in marginalized
communities, have easy access to voter registration.

- Gender-Sensitive Election Commissions: Training election officials to address gender bias and implementing
policies that promote women’s participation in all electoral processes.

5. Strengthening Women’s Political Participation Beyond Elections

- Leadership Training and Capacity Building: Programs to train and support women in political leadership roles help
sustain gender equality in governance.

- Women’s Political Networks: Electoral reforms can support the formation of women’s political caucuses and
networks to increase their influence in policymaking.

Impact of Electoral Reforms on Gender Equality

- Increased women’s representation leads to *gender-sensitive laws* on education, health, and social welfare.

- Encourages more women to participate in elections, both as voters and candidates.

- Creates a more inclusive and representative democracy that reflects diverse societal needs.

UPSC
Composition of UPSC (Union Public Service Commission)

The Union Public Service Commission (UPSC) is a constitutional body established under Article 315 of the Indian
Constitution. It is responsible for conducting examinations for recruitment to various civil services and posts under the
Union government.

Composition:

1.​ Chairman and Members:

The President of India appoints the Chairman and other members of the UPSC.
The Constitution does not specify the exact number of members, but generally, there are 9 to 11 members, including
the Chairman.​

2.​ Qualifications of Members:

Members are usually experienced administrators, civil servants, or experts in relevant fields.

At least half of the members must have served in government for at least 10 years.

3.​ Tenure & Removal:

Members serve a 6-year term or until they attain the age of 65 years, whichever is earlier.

The President can remove a member on grounds of misbehavior after an inquiry by the Supreme Court.

Functions of UPSC

UPSC performs several important functions as given in Article 320 of the Constitution:

1.​ Recruitment to Civil Services:​

○​ Conducts exams like Civil Services Examination (CSE), Indian Forest Service (IFoS), Combined
Defence Services (CDS), Engineering Services (ESE), etc.​

2.​ Advisory Role:​

○​ Advises the President and Governors on recruitment, promotions, transfers, and disciplinary
matters.​

3.​ Appointment by Direct Selection:​

○​ Recommends suitable candidates for posts in various government departments when required.​

4.​ Disciplinary Matters:​

○​ Advises on cases related to misconduct, penalties, and other service-related disciplinary actions.​

5.​ Amendment of Service Rules:​

○​ Suggests changes in recruitment rules and service conditions for civil servants.​

6.​ Miscellaneous Functions:​

○​ Conducts interviews for specialized posts.​

○​ Assists in the framing of recruitment policies.​

Thus, the UPSC plays a vital role in maintaining efficiency, impartiality, and transparency in India’s administrative
machinery.
Affirmative action or the reservation system in India is a constitutional mechanism designed to ensure social
justice and equity by addressing historical injustices and discrimination against marginalized communities. Here's an
overview:

Purpose of the Reservation System

Social Justice: To uplift historically oppressed and disadvantaged groups, such as Scheduled Castes (SCs),
Scheduled Tribes (STs), and Other Backward Classes (OBCs).

1.​ Equality of Opportunity: To create a level playing field in education, employment, and political
representation.
2.​ Representation: To ensure these groups have a voice in governance and decision-making processes.

Constitutional Basis

1.​ Articles of the Indian Constitution:

Article 15(4): Allows the state to make special provisions for the advancement of SCs, STs, and other socially and
educationally backward classes.

Article 16(4): Permits reservation in public employment for underrepresented communities.

Article 46: Mandates the promotion of the educational and economic interests of weaker sections.

Articles 330–342: Provide for political reservations in legislatures and define categories like SCs and STs.

Key Areas of Reservation

1.​ Education: Reserved seats in public and some private educational institutions.
2.​ Employment: Reserved positions in public sector jobs and government services.
3.​ Legislative Representation: Reserved constituencies in Lok Sabha (Parliament) and State Assemblies.

Categories of Beneficiaries

1.​ Scheduled Castes (SCs): Historically oppressed communities subjected to untouchability.

2.​ Scheduled Tribes (STs): Indigenous communities that faced social and economic exclusion.
3.​ Other Backward Classes (OBCs): Communities identified as socially and educationally backward.
4.​ Economically Weaker Sections (EWS): Recently introduced for those outside the SC, ST, and OBC
categories, based on economic criteria (10% quota).

Landmark Developments
 1.​ Mandal Commission (1990): Recommended 27% reservation for OBCs in government jobs and education,
increasing the overall reservation to 49.5%.
2.​ EWS Quota (2019): Introduced a 10% quota for economically weaker sections, taking the total reservation
beyond 50% (with some states exceeding this limit).
3.​ Judicial Oversight: The Supreme Court of India, in the Indra Sawhney case (1992), upheld reservations
but set a cap at 50% to maintain a balance with merit-based opportunities.

Criticisms and Challenges

1.​ Merit vs. Reservation: Critics argue that reservations compromise merit-based selection.
2.​ Economic vs. Social Criteria: Some suggest reservations should be based on economic need rather than
caste.
3.​ Creamy Layer: In OBC reservations, the "creamy layer" (wealthier and advanced individuals within the
community) debate questions the equitable distribution of benefits.
4.​ Regional Disparities: Variations in implementation across states.

Support and Justification

1.​ Addressing Historical Injustice: Provides opportunities to groups systematically excluded from education,
jobs, and governance.
2.​ Representation and Diversity: Encourages diversity in public institutions and decision-making bodies.
3.​ Social Equity: Helps bridge gaps in socio-economic status.

The reservation system is a cornerstone of India's affirmative action policies, balancing historical reparations with
contemporary challenges. While it has made significant strides in uplifting marginalized groups, its implementation
and effectiveness remain subjects of national debate.

Women’s Reservation in India

Women’s reservation in India refers to measures aimed at increasing representation and participation of women in
politics, education, and employment. It is designed to address gender inequality and empower women in a
traditionally patriarchal society.

Political Reservation for Women

1.​ Current Scenario:​

○​
In Panchayati Raj Institutions (local self-governance), 33% of seats are reserved for women in
accordance with the 73rd and 74th Constitutional Amendments (1992).
○​ Some states have increased this quota to 50% for women at the Panchayat and municipal levels.
2.​ Women’s Reservation Bill (Constitution 108th Amendment Bill):​
 ○​ Proposes 33% reservation for women in the Lok Sabha (Parliament) and State Legislative
Assemblies.
○​ Introduced multiple times since 1996 but not passed in Parliament due to political disagreements.
○​ In September 2023, the Nari Shakti Vandan Adhiniyam was passed, reserving 33% of seats for
women in Parliament and state assemblies, but its implementation is contingent on delimitation and
census updates.

Reservation in Employment and Education

1.​ General Provisions:While there is no blanket reservation for women in public sector jobs or educational
institutions at the national level, many states and central universities offer specific quotas for women.

Examples: * Some IITs reserve a percentage of seats for women to improve gender diversity.

Many state governments (e.g., Bihar, Madhya Pradesh) have reserved specific posts in public employment for
women.

2.​ Special Schemes and Initiatives:​

Women are given priority under various government schemes like Beti Bachao, Beti Padhao, and financial
incentives for education and employment.
○​ Public sector organizations often implement diversity hiring initiatives.

Arguments for Women’s Reservation

1.​ Empowering Women:

○​ Provides women a greater voice in decision-making processes.
○​ Helps break socio-cultural barriers that limit their participation in public life.
2.​ Addressing Gender Inequality:
○​ Aims to close the gender gap in political, economic, and educational spheres.
3.​ Representation:
○​ Women constitute nearly 50% of the population but remain underrepresented in legislatures and
leadership roles.
○​ In the current Lok Sabha, women account for about 15% of MPs, far below proportional
representation.

Criticisms and Challenges

1.​ Tokenism:
○​ Critics argue that reserved seats might lead to women being perceived as symbolic representatives
rather than competent leaders.
2.​ Implementation Issues:
○​ Concerns about male relatives or party leaders controlling elected women candidates ("proxy
candidates").
3.​ Meritocracy vs. Quota:
○​ Some argue that reservations undermine merit-based representation.
4.​ Focus on Structural Change:
 ○​ Critics emphasize addressing deeper systemic issues (e.g., education, healthcare, economic
participation) over quotas.

Success Stories

1.​ In Panchayati Raj: Women leaders in Panchayats have brought significant improvements in governance,
sanitation, education, and healthcare.
2.​ Role Models: Several women leaders, like Indira Gandhi, Sushma Swaraj, and Mamata Banerjee, have
demonstrated that women can excel in politics.

Way Forward

●​ Effective Implementation: Ensuring that political and employment reservations genuinely empower women
and are not misused.
●​ Education and Skill Development: Strengthening women’s capabilities to compete and lead without
reliance on quotas.
●​ Gender Sensitization: Changing societal attitudes toward women in leadership roles to ensure sustainable
gender equity.

Women’s reservation is a crucial step toward gender justice, addressing both historical exclusions and contemporary
challenges. While it faces criticism, it is also a powerful tool for transforming women’s role in Indian society.

Economically Weaker Sections (EWS) Reservation in India

The Economically Weaker Sections (EWS) reservation was introduced in India through the 103rd Constitutional
Amendment Act, 2019 to provide 10% reservation in education and government jobs for people from the General
category who do not fall under SC, ST, or OBC reservations but face economic disadvantages.

Features of EWS Reservation

1. Applicable to General Category – It benefits economically weaker individuals from groups not covered under SC,
ST, or OBC reservations.

2. 10% Quota – It provides an additional 10% reservation in education and government jobs without affecting the
existing 50% reservation for SCs, STs, and OBCs.

3. Introduced by the 103rd Amendment Act, 2019 – It amended Articles 15 and 16 of the Constitution:

- Article 15(6): Allows EWS reservation in educational institutions.

- Article 16(6): Provides EWS reservation in government jobs.

4. Applies to Both Central & State Governments – It is implemented in central and many state government
institutions.

Eligibility Criteria for EWS Reservation

To avail of EWS benefits, a person must meet the following conditions:

1. Annual Family Income – Must be below ₹8 lakh per year.

2. Land Ownership Limit:

- Agricultural land ≤ 5 acres.

- Residential plot ≤ 100 sq. yards in a notified municipal area.

- Residential plot ≤ 200 sq. yards in a non-notified municipal area.

3. Exclusion of Wealthier Individuals – Families owning large properties or income sources above the set criteria are
not eligible.

Legal & Judicial Challenges

- Upheld by the Supreme Court (2022) – In the case Janhit Abhiyan v. Union of India the Supreme Court ruled that
EWS reservation does not violate the basic structure of the Constitution.

- Controversy Over 50% Cap – Critics argue that the total reservation now exceeds 50%, going against the Supreme
Court’s ruling in Indra Sawhney Case (1992).

- Exclusion of SCs, STs, and OBCs – Some argue that economic criteria should apply to all communities, not just the
General category.

Significance of EWS Reservation

- Addresses economic inequality in the General category.

- Expands access to education and jobs for economically weaker individuals.

- Ensures social justice beyond caste-based reservations.

Conclusion: The EWS reservation is a landmark step in addressing economic disparities. However, its
implementation and exclusion criteria remain subjects of debate. It represents an effort to balance economic and
social justice in India's reservation system.