Embed Size (px)
Citation preview
FUNDAMENTAL RIGHTS &
DIRECTIVE PRINCIPLES OF STATE
POLICY
Duration: 2 hoursSESSION 3
Key Message:
The roots are the ‘preamble’ and the trunk is
the ‘fundamental rights & directive principles’
Understanding the Fundamental Rights
(FRs)and specific Articles
Any law or governmental action against
Fundamental Rights is void
Violation of Fundamental Rights can be
challenged in Court
Right to Equality
Art. 14 Equality before law.
Art. 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Art. 16 Equality of opportunity in matters of public employment.
Art. 17 Abolition of Untouchability
Art. 18 Abolition of titles.
Right to Freedom
Art. 19 Protection of
certain rights regarding
freedom of speech, etc.
Art. 20 Protection in
respect of conviction for
offences.
Art. 21 Protection of
life and personal liberty.
Art. 22 Protection
against arrest and
detention in certain
cases.
Right against Exploitation
Art. 23 Prohibition of
traffic in human beings
and forced labour.
Art. 24 Prohibition of
employment of children
in factories, etc.
Right to Freedom of Religion
Art. 25 Freedom of conscience and free profession, practice and propagation of religion.
Art. 26 Freedom to manage religious affairs.
Art. 27 Freedom as to payment of taxes for promotion of any particular religion.
Art. 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Cultural and Educational rights
Art. 29 Protection of
interests of minorities.
Art. 30 Right of
minorities to establish
and administer
educational institutions.
Right to Constitutional
Remedies
Art. 32 Remedies for enforcement of rights conferred by this Part.
Art. 33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
Art. 34 Restriction on rights conferred by this Part while martial law is in force in any area.
Art. 35 Legislation to give effect to the provisions of this Part.
Divide yourself into pairs. In this activity one of the partners should show powerand dominate the other person who is passive and swap the roles after fewminutes. While one partner plays the dominant role, the other partner standspassive. The dominant partner can do anything with the passive partner whomerely follows instructions. When one partner is more powerful, the other has norights, he/she is completely under their control and can be made to do anything.Allow five minutes for the whole exercise.
Activity 1
De-brief Questions:
1. What happened in the activity? What did you do when you were powerful?
What did you do when you were powerless?
2. How did it feel to be powerful? What do you feel you have that makes you powerful?
3. How does it feel to be powerless? What do you lack that makes you
powerless?
De-brief Questions (Contd):
1. What rights are needed for us to live? - what is needed for us to maintain our bodies? - what is needed for us to move from this room to the city to any place in India? - what is needed so that all kinds of people – rich and poor, men and women can have the same rights?
2. Can these rights be called basic human rights?
Split yourselves in to smaller groups of 3 or 4. Each group will take up a few Articles
from Articles 14 to 25 & 32 of Part III. It is important to remember these articles
and quote them especially when we are trying to uphold our or others’ rights. This
will assign a foundation to our claims and make them more relevant.
Activity 2
Groups at Work!
Discuss in your
groups:
•What this
Article/fundamental
right means
•Examples of how that
fundamental right has
been experienced in
real everyday life
•Thoughts on what
would life be like if that
fundamental right was
not there
De-brief Questions:
Which values do these rights flow from? What do we notice about the way in which these
rights are grouped?
Split yourselves in to smaller groups of 3 or 4. Each group will take up a few
Articles from Articles 36 to 51 of Part IV. Not all of these may be relevant
today e.g. 43, 43 A, 48, 50 and 51 and are to be just read but need not be
discussed. The ones to be discussed are: 39, 39A, 41-48, 48A, 49.
Fundamental Rights & Directive Principles are different sides of the same coin.
Activity 3
De-brief Questions:
Which values of the Preamble do these principles flow from?
Working in the same small groups, refer to the ‘Fundamental Rights
upheld by judicial action document’. Each group can discuss the cases
and share learning and insights with the larger group. The discussions
could look at some of the following points:
Activity 4
De-brief Questions:
1. What do we think was the judgement of the Courts?
2. Which constitutional value was violated?
3. Referring back to the Articles in Part III, identify which specific articles were upheld by the Court in its judgement?
4. How has this case judgement affected our everyday lives?
Working in the same small groups, refer to the ‘Directive Principles
upheld by judicial action’ document. Each group can discuss the cases
and share learning and insights with the larger group.
Activity 5
De-brief Questions:
1. What do we think was the judgement of the Courts?
2. Which constitutional principles were enforced?
3. How has this case judgement affected our everyday lives?
Analogy:
The Preamble
Fundamenta
l Rights
Share, Discuss and
Summarize:
The roots are the ‘preamble’ and the trunk is
the ‘fundamental rights & directive principles’
Understanding the Fundamental Rights
(FRs)and specific Articles
Any law or governmental action against
Fundamental Rights is void
Violation of Fundamental Rights can be
challenged in Court
Actions for next session:
