Prelims 2020

Q. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)?

1.Preamble
2.Directive Principles of State Policy
3.Fundamental Duties
Select the correct answer using the code given below:
a) 1 and 2 only
b) 2 only
c) 1 and 3 only
d) 1, 2 and 3
Correct Answer : d) 1, 2 and 3

Question from UPSC Prelims 2020 GS Paper

Explanation:

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, is a milestone document in the history of human rights. It sets out, for the first time, fundamental human rights to be universally protected. The Declaration consists of a preamble and 30 articles, affirming an individual’s rights which include, but are not limited to, the right to life, liberty, and security of person; freedom from torture and cruel, inhuman, or degrading treatment or punishment; recognition everywhere as a person before the law; freedom of thought, conscience, and religion; freedom of opinion and expression; the right to work and education; and the right to participate in government and in free elections.

Reflection in the Constitution of India

Now, let’s examine how the Constitution of India reflects these principles and provisions through its Preamble, Directive Principles of State Policy, and Fundamental Duties:

1. Preamble

The Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. It reflects the spirit of the UDHR through its commitment to justice, liberty, equality, and fraternity. The Preamble declares the intent to secure to all its citizens justice (social, economic, and political), liberty of thought, expression, belief, faith, and worship, equality of status and opportunity, and to promote among them all fraternity, assuring the dignity of the individual and the unity of the nation. These ideals are in harmony with the UDHR’s emphasis on human dignity, equality, and freedom.

2. Directive Principles of State Policy

Part IV of the Indian Constitution contains the Directive Principles of State Policy, which set forth the aims and objectives to be taken up by the State in the governance of the country. Although not enforceable by any court, these principles are fundamental in the governance of the country, aiming to create a social and economic framework that reflects the rights and freedoms outlined in the UDHR. For example, Article 39 directs the State to ensure that citizens, men and women equally, have the right to an adequate means of livelihood, and Article 45 aims to provide early childhood care and education for all children until they complete the age of six years, reflecting the UDHR’s emphasis on social security, education, and equality.

3. Fundamental Duties

Introduced by the 42nd Amendment in 1976, the Fundamental Duties are listed in Article 51A of Part IV-A of the Constitution. They complement the Fundamental Rights by urging citizens to perform duties essential for the national interest. Some of these duties, such as respecting the ideals and institutions of the Constitution, promoting harmony, and valuing and preserving the rich heritage of our composite culture, reflect the spirit of the UDHR’s call for mutual respect, tolerance, and duties to the community essential for free and full development of one’s personality.

Source : Universal Declaration of Human Rights | United Nations

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