E Namaskar well friends I heartily welcome you all to beima Basha my audio video podcast series on Dr Babas sahab edar this audio visual podcast Series has 54 short speeches on Dr Babas ambedkar unraveling as many as 25 different dimensions of his multifaceted genius friends this podcast series is
Focused on Dr Babas ambedkar his thoughts his actions his philosophy and above all the Grand Vision that he had seen for our nation that is what this podcast series is all about well friends in the next two episodes that is episode 47 and episode 48 we continue and conclude our
Discussion of Dr ambedkar’s role as the principal architect of the Indian constitution more specifically I’m going to present the major facets of the Constitution of India in particular in this episode that is episode 47 my focus is on the fundamental values philosophy and objectives of the Indian constitution as they are
Embedded in Preamble in the fundamental rights and in the so-called directive principles of State policy so we are going to take these facets one at a time the first facet is the preamble and as we have seen in the last episode it is the preamble to the Constitution of India
That embodies and reflects the fundamental values philosophy and objectives on which the constitution of India is based what are these fundamental values it begins with sovereignty the opening words of our Preamble to the Constitution are we the people of India it announces to the world that the ultimate sovereignty
Rests with the people of India as a Whole accordingly it is implied that the Constitutional authorities and the organs of the government derive their power only and only from the people of India the second fundamental value is socialism there are several articles in the Constitution giving credence to the ideals of a welfare state which stands to end all forms of
Exploitation in all spheres of existence as per the vision of the Constitution the state that is the government is Duty bound to strive for promotion of a social order in which Justice that is social economic and political Justice informs all the institutions in the National Life the next one is
Secularism India is a home to almost all the major religions of the world the ideal of secular ISM in India implies that the state does not itself uphold any religion and protects all religions equally our state is not Guided by any religion or any religious considerations in tune with the
Liberty of belief faith and worship as promised in the Preamble to our constitution the next one is democracy the term Democratic as is used in the Preamble is in a broader sense embracing not only political democracy but also so social and economic democracy we have adopted a parliamentary democracy to
Ensure a responsible and stable government which derives its Authority from the people and remains accountable to the people at all times all citizens without any discrimination on the basis of cast greed color sex religion or education are allowed freedom of speech thought and expression and Association it stands for constitutional
Government rule of law inalienable rights of citizens Independence of the Judiciary free and fair elections and freedom of the press to develop a democratic culture has always been an important objective and commitment under our constitution next fundamental value is the Republic the Republic in the Indian context means two
Things one is Westing of political s sovereignty in the people and not in a single individual like a king second the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination yet another principle fundamental principle is justice the term Justice in the Preamble Embraces
Three distinct forms social economic and political which are secured through various provisions of fundamental rights and directive principles our Constitution abolishes untouchability prohibits exploitation of women children and other weaker section Pro protects the interests of minorities and the tribal people and Advocates affirmative action to raise the standard of people oppressed over the
Ages this ideal of a just and egalitarian society remains one of the foremost commitments under our constitution the Preamble secure for all citizens of India Liberty of thought expression faith belief and worship as fundamental rights however Liberty does not mean license to do what one likes it has been
Made subject to reasonable restrictions as specified in the Constitution itself then we come to equality as a fundamental principle our constitution assures equality of status and of opportunity to every citizen without any discrimination on the grounds of religion race cast sex or place of birth by throwing
Open public places to all citizens by abolishing untouchability by guaranteeing equal equality before the law and equal protection of the laws fraternity fraternity stands for the spirit of common Brotherhood in the absence of that a plural society like India would stand divided therefore the Constitution makes fraternity as one of the foremost
Objectives to be achieved in a country like ours composed of so many races religions languages and cultures the Constitution promotes a sense of fraternity through single citizenship then comes the Dignity of the individual our Constitution acknowledges that all citizens men and women equally have the right to grow and
Progress finally there is unity and integrity as a fundamental value our constitution expects from all citizens of India to uphold and protect the unity and integrity of the country as a matter of Duty well friends our constitution is more than a collection of Articles and clauses it is an inspirational
Document an ideal of the society that we are even better Society we are striving to be the constitution of India encompasses in its fold the ideals and values of our civilizational heritage as also the beliefs and aspirations that emerged out of our freedom struggle the Constitution represents the Sovereign will of the
People of India the magnificently crafted Indian constitution has a unique scheme of governance with a view to not only providing for a democratic form of government but also for an inclus inclusive Society the very purpose of having such an exhaustive document containing even the minutest details is to infuse certainty and
Stability into the system the prime goal envisaged by the Constitution is that of a welfare state as a prerequisite for dignified human existence and good for all with accountability as the lifeline well friends the second facet of our constitution is centrality of the people the people of India exercise their
Sovereignty through Parliament at the center and legislatures at the states in which the lower house is elected on the basis of universal adult franchise and to which the executive has been made accountable the Constitution is rooted in the principle of one man one vote thus the right to vote has been
Extended to the entire population capable of exercising the right and an independent electoral Machinery is there to ensure the free exercise of this right the beauty of adult sufferage is that all candidates whether rich or poor have to seek favor even from the humblest of the water the constitution of India which
Provides for periodic elections ensures Democratic transfer of political power from one set of Representative to the other the third facet of Indian constitution that I would like to talk about is fundamental rights fundamental rights are the basic rights that every Indian citizen possesses fundamental rights are not ordinary legal rights
They are much more fundamental rights are unique in terms of their enforceability they are justiciable which means that when violated they can be enforced by the court of law in the instance of violation of the fundamental rights under article 32 of the Indian constitution the agreed person can directly approach the Supreme
Court to seek remedy bypassing the lower courts this is not the case with ordinary legal rights where the agreed person has to First approach the lower court so important is this guaranteed remedy that Dr edar called article 32 as the heart and soul of the Indian constitution notably however fundamental
Rights are not absolute they are subject to certain reasonable restrictions in the interest of sovereignty security morality and decency through a constitutional amendment the Parliament can amend the fundamental rights sub subject to the condition that the amendment does not alter what is called the basic structure of the Constitution the basic structure
Doctrine is necessary to keep the Democratic aors of our nation intact baring the right to life and the right to personal Liberty all other fundamental rights can be suspended during a National Emergency fundamental rights as well as the directive principles of State policy about which we’re are going to talk in a
Little while they are the conscious of the Indian constitution the founding fathers in their efforts to incorporate fundamental rights in the Constitution were greatly impressed by the Bill of Rights of the American Constitution the French Declaration of the right of man and the universal human rights Charter of United Nations
Organization there are eight sections or there were originally eight sections or categories first is the general Provisions applicable to All rights second one is right to equality third one is right to Freedom fourth is a right against exploit ation fifth is right to freedom of religion sixth is cultural and educational right and
Seventh is the right to constitutional remedies the right to property which was there has been removed as a result of the 44th Amendment uh to the Indian constitution the fundamental rights Place limitations not only on the union government but also the states and on every Authority that has got the power
To make laws and has discretion vested in it however these rights are not absolute the Constitution itself enumerates in each case the restrictions exceptions limitations and qualifications subsumed under our fundamental rights are the following prohibition of discrimination on grounds of religion race cast sex or place of
Birth two non prevention of the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or of course for the scheduled cast and scheduled tribes three equality of opportunity in the matters of public employment and fourth protection of certain rights including right to move
Freely throughout the territory of India right to reside and settled in any part of territory of India and to practice any profession or to carry out any occupation trade or business the fourth facet of the Indian constitution is the directive principles of State policy the directive principles of State policy like the fundamental
Rights also constitute the conscious of the Indian constitution the essence of the director principles of State policy is to direct the nation state to the following things really first that the state shall strive to promote welfare of the People by securing and protecting as effectively as it may a social order in which
Justice social economic and political shall inform all the institutions of National Life secondly the the state shall in particular strive to minimize the inequalities in income and Endeavor to eliminate inequalities in status facilities and opportunities not only among individuals but also amongst groups of people residing in different areas or engaged in different
Vocations the directive principles of of State policy also prescribe certain principles of policy to be followed by the state which includes first that the citizens men and women equally have the right to an adequate means of livelihood secondly that the ownership and control of material resources of Community are so
Distributed as best to subserve the common good third that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment fourth that there is equal pay for equal work for both men and women fifth that the health and strength
Of workers men and women and the tender age of children are not abused sixth that children are given opportunities and Facilities to develop in a healthy Manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment
Next one right to work and to public assistance in certain areas the dir to principles of State policy also includes the right to work to education and to public assistance in certain cases the state shall within the limits of its economic capacity and development make effective provisions
For securing the right to work to education and to public assistance in cases of unemployment old age sickness and disablement of this the public assistance to education that was enacted 60 years after the Constitution was approved when in 2010 right to Education Act became effective the director principles of
State policy also has a provision for just and human conditions of work and maternity relief it says the state shall make provision for securing just and Humane conditions of work and for maternity relief the directory principles of stade policy also has the provision for living wage etc for workers it says the state
Shall Endeavor to secure to all workers agriculture industrial work a living wage conditions of work ensuring a decent standard of Life and Full enjoyment of leisure and social and cultural opportunities then the direct principles of State policy finally Al O say that and this there is a provision for
Promotion of educational and economic interest of scheduled cost scheduled tribes and other vehicle sections the provision says that the state shall promote with special care the educational and economic interests of the weaker sections of the people and in particular of the scheduled cast and scheduled tribes and shall protect them from social
Injustice and all forms of exploitation while the fundamental rights are justiciable the directive principles are not the latter that is direct principles of State policy are not less important for that reason the principles are equally fundamental in the governance of the country the reason for the distinction between
The two is simply that the state could straight away guarantee political and civil liberties contained under the fundamental rights it could only secure economic and social justice over a period of time as the economy would develop and social change take place although the directive principles of State policy could not be made
Justiciable nonetheless the state was enjoined upon a duty to do its atmost to apply these precepts when making laws and over the years several legislations have been enacted and I gave you the example of right to Education Act which was enacted in in 2009 and became operational in 2010 well
Friends we can conclude our session here when we meet next in the next session we’ll continue this discussion of the Salient features major facets of the Indian constitution when we will take up the different organs of governance in our political democracy so let’s conclude our session here so long until we meet again
Dad thank you Namaskar
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