Module 30. Preamble, Territory, Citizenship, Fundamental Rights, DPSP, Fundamental Duties

The Constitution of India, adopted on 26 November 1949 and enforced on 26 January 1950, is the supreme law of the country. It lays down the framework defining political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. The Constitution embodies the aspirations and values of the people of India, ensuring justice, liberty, equality, and fraternity.

The Preamble

The Preamble serves as an introduction to the Constitution, outlining its philosophy and objectives. It begins with the words “We, the People of India”, emphasising that the authority of the Constitution emanates from the citizens themselves. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and commits to securing for all citizens Justice (social, economic, and political), Liberty (of thought, expression, belief, faith, and worship), Equality (of status and opportunity), and Fraternity (assuring the dignity of the individual and the unity and integrity of the nation).
Originally, the Preamble did not include the terms Socialist and Secular, which were added by the 42nd Constitutional Amendment Act, 1976. The Supreme Court in the Kesavananda Bharati v. State of Kerala (1973) case held that the Preamble forms part of the Constitution and reflects its basic structure.

The Territory of India

The Territory of India is defined under Articles 1 to 4 of the Constitution. Article 1 declares that “India, that is Bharat, shall be a Union of States.” The term ‘Union’ signifies the indestructible nature of the Indian federation.
The territory of India includes:

1. The states;
2. The Union Territories; and
3. Any territories that may be acquired by India in the future.

Parliament has the power to reorganise the boundaries of states or alter their names under Article 3. The States Reorganisation Act, 1956 was a major event in Indian constitutional history, leading to the reorganisation of states on a linguistic basis. Later amendments, such as the 36th Amendment (1975) adding Sikkim as a state and the Jammu and Kashmir Reorganisation Act, 2019, have further modified India’s territorial framework.

Citizenship

The citizenship provisions are covered under Articles 5 to 11 in Part II of the Constitution. These articles determine who are citizens of India at the commencement of the Constitution and empower Parliament to make laws regarding the acquisition and termination of citizenship.
At the commencement, citizenship was granted to those who:

• Were born in India,
• Had domicile in India, or
• Had migrated from Pakistan under specified conditions.

The Citizenship Act, 1955 provides for acquisition of citizenship through birth, descent, registration, naturalisation, and incorporation of territory. It also defines modes for termination of citizenship by renunciation, termination, or deprivation.
Amendments such as the Citizenship (Amendment) Act, 2019 have introduced new criteria for citizenship, particularly for migrants from neighbouring countries belonging to certain religious communities. Indian citizenship does not allow dual nationality.

Fundamental Rights

Fundamental Rights form the cornerstone of Indian democracy, guaranteeing civil liberties to all citizens. Enshrined in Part III (Articles 12–35), they ensure the protection of individual freedoms and prevent arbitrary actions by the state. The six fundamental rights currently recognised are:

1. Right to Equality (Articles 14–18) – Ensures equality before law and prohibits discrimination on various grounds.
2. Right to Freedom (Articles 19–22) – Provides freedom of speech, expression, movement, and association, along with protection of life and personal liberty.
3. Right against Exploitation (Articles 23–24) – Prohibits forced labour and child labour.
4. Right to Freedom of Religion (Articles 25–28) – Guarantees religious freedom and secularism.
5. Cultural and Educational Rights (Articles 29–30) – Protects the rights of minorities to preserve their culture and establish educational institutions.
6. Right to Constitutional Remedies (Article 32) – Empowers individuals to approach the Supreme Court for enforcement of rights; termed the “heart and soul of the Constitution” by Dr B. R. Ambedkar.

Some rights were originally included, such as the Right to Property, which was removed by the 44th Amendment (1978) and converted into a legal right under Article 300A. The judiciary, through landmark cases such as Maneka Gandhi v. Union of India (1978) and Indira Sawhney v. Union of India (1992), has expanded the scope of fundamental rights to include new dimensions like the right to privacy and equality in opportunity.

Directive Principles of State Policy (DPSPs)

Directive Principles of State Policy, contained in Part IV (Articles 36–51), are guidelines to the state for establishing a just and equitable society. Although non-justiciable, they are fundamental in the governance of the country. Inspired by the Irish Constitution, they reflect the ideals of social and economic democracy.
DPSPs are classified into three categories:

• Socialist Principles – Ensure social and economic justice, e.g., equal pay for equal work, distribution of wealth.
• Gandhian Principles – Promote village panchayats, cottage industries, and prohibition of intoxicants.
• Liberal-Intellectual Principles – Include uniform civil code, international peace, and environmental protection.

Notable constitutional amendments have strengthened DPSPs, such as the 42nd Amendment (1976), which added provisions for environmental protection and the promotion of workers’ participation in management. Courts have also interpreted DPSPs harmoniously with Fundamental Rights, as seen in Minerva Mills v. Union of India (1980), ensuring balance between individual liberty and social welfare.

Fundamental Duties

Fundamental Duties were introduced by the 42nd Amendment Act, 1976, under Article 51A in Part IV-A of the Constitution. They were incorporated on the recommendations of the Swaran Singh Committee to remind citizens of their responsibilities towards the nation. Initially ten in number, the 86th Amendment (2002) added an eleventh duty concerning education.
The duties include:

• Respecting the Constitution, national flag, and national anthem;
• Upholding the sovereignty, unity, and integrity of India;
• Defending the country;
• Promoting harmony and the spirit of common brotherhood;
• Preserving the rich heritage of culture;
• Protecting the environment;
• Developing scientific temper and humanism;
• Safeguarding public property; and
• Providing education to children between the ages of six and fourteen.

Though non-justiciable, Fundamental Duties act as a moral compass for citizens. The Supreme Court has often emphasised their significance in judgments, linking them to the protection of national integrity and civic responsibility.