BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes

BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes: A2zNotes Presents study material Long Question Answer Notes by the Latest BEd Syllabus for Philosophical and Socialogical Perspective of Education. A Collection of Question-Answers compiled and Edited by A2zNotes Well Experienced Authors Based on Latest Two-Years BEd Curriculum. Here in this post, we will provide you with Long Questions and Answers for the Definition, and Meaning of Fundamental Rights & Directive Principles, and Classification of Values.

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Fundamental Rights and Directive Principles

The Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State. These sections comprise a constitutional bill of rights for government policy-making and the behavior and conduct of citizens.

These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

1. Right to Equality

The Right to Equality is one of the chief guarantees of the Constitution. It is embodied in Articles 14-16, which collectively encompass the general principles of equality before law and non-discrimination, and Articles 17-18 which collectively further the philosophy of social equality. Article 14 guarantees equality before the law as well as equal protection of the law to all persons within the territory of India. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

This includes the equal subjection of all persons to the authority of law, as well as equal treatment of persons in similar circumstances. The latter permits the State to classify persons for legitimate purposes, provided there is a reasonable basis for the same, meaning that the classification is required to be non-arbitrary, based on a method of intelligible differentiation among those sought to be classified, as well as have a rational relation to the object sought to be achieved by the classification.

Article 15 prohibits discrimination on the grounds only of religion, race, caste, sex, place of birth, or any of them. This right can be enforced against the State as well as private individuals, with regard to free access to places of public entertainment or places of public resort maintained partly or wholly out of State funds. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

However, the State is not precluded from making special provisions for women and children or any socially and educationally backward classes of citizens, including the Scheduled Castes and Scheduled Tribes.

This exception has been provided since the classes of people mentioned therein are considered deprived and in need of special protection. Article 16 guarantees equality of opportunity in matters of public employment and prevents the State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence, or any of them. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

It creates exceptions for the implementation of measures of affirmative action for the benefit of any backward class of citizens in order to ensure adequate representation in public service, as well as reservation of an office of any religious institution for a person professing that particular religion. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

The practice of untouchability has been declared an offense punishable by law under Article 17, and the Protection of Civil Rights Act, 1955 has been enacted by the Parliament to further this objective Article 18 prohibits the State from conferring any titles other than military or academic distinctions, and the citizens of India cannot accept titles from a foreign state.

Thus, Indian aristocratic titles and titles of nobility conferred by the British have been abolished. However, awards such as the Bharat Ratna have been held to be valid by the Supreme Court on the ground that they are merely decorations and cannot be used by the recipient as a title. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

2. Right to Freedom

The Right to Freedom is covered in Articles 19-22, with the view of guaranteeing individual rights that were considered vital by the framers of the Constitution, and these Articles also include certain restrictions that may be imposed by the State on individual liberty under specified conditions. Article 19 guarantees six freedoms in the nature of civil rights, which are available only to citizens of India.

These include the freedom of speech and expression, freedom of assembly without arms, freedom of association, freedom of movement throughout the territory of India, freedom to reside and settle in any part of the country of India, and the freedom to practice any profession. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

All these freedoms are subject to reasonable restrictions that may be imposed on them by the State, listed under Article 19 itself. The grounds for imposing these restrictions vary according to the freedom sought to be restricted and include national security, public order, decency and morality, contempt of court, incitement to offenses, and defamation.

The State is also empowered, in the interests of the general public to nationalize any trade, industry, or service to the exclusion of the citizens. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

The freedoms guaranteed by Article 19 are further sought to be protected by Articles 20–22. The scope of these articles, particularly with respect to the doctrine of due process, was heavily debated by the Constituent Assembly. It was argued, especially by Benegal Narsing Rau, that the incorporation of such a clause would hamper social legislation and cause procedural difficulties in maintaining order, and therefore it ought to be excluded from the Constitution altogether.

The Constituent Assembly in 1948 eventually omitted the phrase “due process” in favor of “procedure established by law”. As a result, Article 21, which prevents the encroachment of life or personal liberty by the State except in accordance with the procedure established by law was, until 1978, construed narrowly ás being restricted to executive action.

However, in 1978, the Supreme Court in the case of Maneka Gandhi v. Union of India extended the protection of Article 21 to legislative action, holding that any law laying down a procedure must be just, fair and reasonable, and effectively reading due process into Article 21. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

In the same case, the Supreme Court also ruled that “life” under Article 21 meant more than a mere “animal existence”; it would include the right to live with human dignity and all other aspects which made life “meaningful, complete and worth living.” Subsequent judicial interpretation has broadened the scope of Article 21 to include within it a number of rights including those to livelihood, good health, clean environment, water, speedy trial, and humanitarian treatment while imprisoned.

The right to education at the elementary level has been made one of the Fundamental Rights under Article 21A by the 86th Constitutional amendment of 2002. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

3. Right against Exploitation

The Right against Exploitation, contained in Articles 23-24, lays down certain provisions to prevent the exploitation of the weaker sections of the society by individuals or the State. Article 23 provides prohibits human trafficking, making it an offense punishable by law. and also prohibits forced labor or any act of compelling a person to work without wages where he was legally entitled not to work or to receive remuneration for it. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

However, it permits the State to impose compulsory service for public purposes, including conscription and community service. The Bonded Labour System (Abolition) Act, 1976, has been enacted by Parliament to give effect to this Article. Article 24 prohibits the employment of children below the age of 14 years in factories, mines, and other hazardous jobs. Parliament has enacted the Child Labour (Prohibition and Regulation) Act, 1986, providing regulations for the abolition of, and penalties for employing, child labor, as well as provisions for rehabilitation of former child laborers.

4. Right to Freedom of Religion

The Right to Freedom of Religion, covered in Articles 25-28, provides religious freedom to all citizens and ensures a secular state in India. According to the Constitution, there is no official State religion, and the State is required to treat all religions impartially and neutrally. Article 25 guarantees all persons the freedom of conscience and the right to preach, practice, and propagate any religion of their choice. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

This right is, however, subject to public order, morality and health, and the power of the State to take measures for social welfare and reform. The right to propagate, however, does not include the right to convert another individual, since it would amount to an infringement of the other’s right to freedom of conscience. Article 26 guarantees all religious denominations and sects, subject to public order, morality, and health, to manage their own affairs in matters of religion, set up institutions of their own for charitable or religious purposes, and own, acquire and manage property in accordance with the law.

These provisions do not derogate from the State’s power to acquire property belonging to a religious denomination. The State is also empowered to regulate any economic, political, or other secular activity associated with religious practice. Article 27 guarantees that no person can be compelled to pay taxes for the promotion of any particular religion or religious institution.

Article 28 prohibits religious instruction in a wholly State-funded educational institution, and educational institutions receiving aid from the State cannot compel any of their members to receive religious instruction or attend religious worship without their (or their guardian’s) consent. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

5. Cultural and Educational Rights

The Cultural and Educational rights, given in Articles 29 and 30, are measures to protect the rights of cultural, linguistic, and religious minorities, by enabling them to conserve their heritage and protecting them against discrimination. Article 29 grants any section of citizens having a distinct language, or script culture of its own, the right to conserve and develop the same, and thus safeguards the rights of minorities by preventing the State from imposing any external culture on them.

It also prohibits discrimination against any citizen for admission into any educational institutions maintained or aided by the State, on the grounds only of religion, race, caste, language, or any of them. However, this is subject to reservation of a reasonable number of seats by the State for socially and educationally backward classes, as well as reservation of up to 50 percent of seats in any educational institution run by a minority community for citizens belonging to that community.

Article 30 confers upon all religious and linguistic minorities the right to set up and administer educational institutions of their choice in order to preserve and develop their own culture, and prohibits the State, while granting aid, from discriminating against any institution on the basis of the fact that it is administered by a religious or cultural minority. The term “minority”, while not defined in the Constitution, has been interpreted by the Supreme Court to mean any community which numerically forms less than 50% of the population of the state in which it seeks to avail the right under Article 30.

In order to claim the right, it is essential that the educational institution must have been established as well as administered by a religious or linguistic minority. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

Further, the right under Article 30 can be availed of even if the educational institution established does not confine itself to the teaching of the religion or language of the minority concerned, or a majority of students in that institution do not belong to such minority This right is subject to the power of the State to impose reasonable regulations regarding educational standards, conditions of service of employees, fee structure, and the utilization of any aid granted by it.

6. Right to Constitutional Remedies

The Right to Constitutional Remedies empowers citizens to approach the Supreme Court of India to seek enforcement, or protection against infringement, of their Fundamental Rights. Article 32 provides a guaranteed remedy, in the form of a Fundamental Right itself, for enforcement of all the other Fundamental Rights, and the Supreme Court is designated as the protector of these rights by the Constitution. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

The Supreme Court has been empowered to issue writs, namely habeas corpus, mandamus, prohibition, certiorari, and quo warranto, for the enforcement of the Fundamental Rights, while the High Courts have been empowered under Article 226–which is not a Fundamental Right in itself-to issue these prerogative writs even in cases not involving the violation of Fundamental Rights.

The Supreme Court has the jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any violation, award compensation as well to the affected individual. Exercise of jurisdiction by the Supreme Court can also be suo motu or on the basis of public interest litigation. This right cannot be suspended, except under the provisions of Article 359 when a state of emergency is declared. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

Classification of Values

The above major classification of values has been discussed according to schools of philosophy in the following paragraph-

1. Ethical or Moral Values (Logical Values)

(a) According to Idealism: Kant’s metaphysics of morals represents the idealist treatment of ethical values. There are at least two moral values that are rooted in existence. These are 1. persons and 2. moral imperative, both of which will bear some discussion.

According to idealist ethical value has the following features

A person is made of mind, personality, and soul. They have potentialities for higher quality and ultimate worth than are found in any other forms of individual existence. They end up in themselves and deserve more than to be slaves to other people.
Every person is able to do good which is innate as a part of his nature and sensation, perception, and thought. They are obedience to universal moral laws goodwill, the society of ends, and immorality.

(i) Universal moral laws are ethical values, which become essential in human relations because individual men are persons.

(ii) Goodwill is a value, which follows both from the necessity of moral law and from the fact of the categorical imperative.

(iii) The society of ends about which Kant speaks is a blessed community, a society of good persons similar to the kingdom of God.

(iv) Immorality is related to the ends of the society individual immorality or eternal life is also a value.

(b) According to Naturalism: Naturalists are concerned with life’s values. They have some general characteristics of value. The value which people commonly enjoy, as well as others. The ethics of naturalism is hedonistic, as long as this characterization is accompanied by conscious thought as the highest good. The highest good for naturalists is pleasure, The choice of values is based on pleasure. The other part of the pleasure is evil, which is also the counterpart of the highest good. They believe that evil comes from society the highest good is given by nature. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

Now we can say that naturalists’ pleasure is the highest good, which is the basis of moral judgment. To the extent that a person is consciously naturalistic in his ethics, he will make his day-by-day moral choices for himself and he avoided evils from other men because evils come from his neighbor. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

(c) According to Realism: According to Realists, there are two general theories of value. 1. values are simple indefinable elements that are experienced when we experience them. 2. the values are dependent upon the attitudes of the sentient beings experiencing them According to realism values are the quality of our experiences which are preferred of desire and to which attached worth. Another basis for value is found in the interest of a person. (BEd 2nd Year Fundamental Rights and Directive Principles Study Material Notes)

The realist’s approach to moral value is remembered that his metaphysics grants the reality of the spiritual and other realists give emphasis on the metaphysical beliefs. The moral good can be defined as happiness the highest good increases the power of moral values. Realists have both spiritual nature and sensory desires. The spiritual nature can also be defined in terms of sensory desire. Spirit is to be thought of as the permanent potentiality of desire and sensory satisfaction as the temporary actualization of spiritual need.

(d) According to Pragmatism: A pragmatism overview may be completed in the realm of values. The first question comes where values come what is their root of existence? The values have their existence rather than by virtue of the relation with individual and social activities. Within the context of experience, which possesses the condition such as language can selfhood in the individual’s objectives and social activities. The experience provides the basis for the existence of value.

The values are the pragmatic guiding principles. Pragmatic Axiology is the critical issue of values, which involves wisdom and level of value criticism. There are two general aspects of pragmatic value i.e., theory and practice. while more value is another field of values. The existence of ethical values is formed by the individual-social life process. The value theory applied to the ethical sides of life is regarded by pragmatism as resolving the common conflict in ethics.

John Dewey observed two common approaches to ethical value, some pupil search more and more on this ethical part and other has mixed approach. Values are judged completely on the basis of individual behavior, it has both external and internal aspects. The values are projected in terms of action and behaviors. The action should be fruitful and perfect in the situation.

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