BRIEF PRESENTATION ON SOCIAL POLICY AND FUNDAMENTAL RIGHTS

1. SOCIAL POLICY
&
OVERVIEW OF THE INDIAN
CONSTITUTION
Presented by
Yatheesh Bharadwaj H S

2. CONTENT
• Social policy
• Brief Historical developments
• Salient features of the Indian Constitution
• Fundamental Rights

3. POLICY
• general guidelines or principles  give direction to a particular course
of action by the government or by an organization.
• Public policymaking includes some steps –getting of agenda, policy
formulation, policy adoptions, and policy implementation.
• It must be also evaluated to see the intended results, and to revise
existing and future public programs and projects.
• Public policy can be studied as producing three types of policies
(distributive, regulatory, and re-distributive) related to decision-
making process

4. Definition
• According to David Gill:
Social policies are principles/courses of action designed to
influence:
i. the overall quality of life in society;
ii. the circumstances of living of individuals and groups in that
society and
iii. the nature of intra- societal relationships among individuals,
groups, and society as a whole

5. • Kulkarni: “Social policy is the strategy of action indicating means and
methods to be followed in successive phases to achieve the declared
social objectives.”
• Marshall: “Social policy refers to the policy of governments with
regard to action having a direct impact on the welfare of citizens, by
providing them with services or income.”
• Prof. Titmus: “social policy represents a summation of acts of
government, deliberately designed to improve the welfare of people.”

6. • It’s a deliberate action on the part of individuals, collectivities, and
governments, undertaken to organize services, opportunities, and social
activities so as to affect the lifestyles of people and initiate a process to
prevent, postpone, initiate and manage change.
Characteristics
• Distributional or redistributive character
• Concern with weaker and vulnerable sections of society
• social policies do not exist in isolation. These are determined to a large
extent by the socio-political scenario of a nation.

7. Models of Social Policy
• Model A: Residual Welfare Model of Social Policy
• Model B: Industrial Achievement- Performance Model of Social
Policy
• Model C: Institutional Redistributive Model of Social Policy

8. Actors in Formulation of Social Policy
i. Government
ii. Political parties
iii. Individual reforms
iv. Voluntary organizations
v. Social action groups
vi. Plan documents
vii. Laws and courts
viii. Parliamentary committees
ix. Consumer reactions
x. Technological breakdown etc.

9. Problems in implementation
i. Lack of political will
ii. Prevalence of coalition government
iii. Widespread corruption at each and every level of functioning
iv. Financial constraints
v. Red-tapism
vi. Erosion of moral values
vii. Financial constraints
viii. Inadequate staffing
ix. Absence of training
x. Lack of people’s participation
xi. Gross mismatch between actual needs and perceived needs of people
xii. Delay in getting justice.

11. Introduction
• A constitution is the aggregate of fundamental principles or
established precedents that constitute the legal basis of a polity,
organization or another type of entity and commonly determine how
that entity is to be governed.
• A constitution is important because it ensures that those who make
decisions on behalf of the public fairly represent public opinion. It
also sets out the ways in which those who exercise power may be
held accountable to the people they serve.

12. Historical developments
• Regulating Act 1773 - GG, SC in 1774
• Pitts India Act 1784 – trade & politics seperated
• Charter act 1813 - ended monopoly(Company of Merchants of London Trading into the East
Indies)
• Charter Act of 1833 - GGB GGI – lord William Bentinck – ended trade, continued adm.
• Charter Act 1853 – CSE, Central legislative council
• Government of India Act of 1858 –company to queen,GGI to viceroy
• Indian Councils Act of 1861- Indians in LC, Portpolio system
• India Councils Act 1892 – indirect elections, LC expanded
• Indian Councils Act 1909 (Morley-Minto Reforms– Direct elections, CLC into Imperial LC,Separate
communal electorate
• Montague-Chelmsford Reforms 1919-central and provincial subjects,diarchy,bicameral legis., PSCI
• Government of India Act 1935-AIF,Federal,provincial & concurrent list,Federal court,RBI
• Indian Independence Act 1947- Independent, sovereign,viceroy-nominal head, powers to legis.

13. IC ROADMAP
• Constituent Assembly
• Interim govt-1946
• Dec.9,11,13 1946
22 july – flag
15th - Independence
STEP 3:
 Sales Strategy Drafting
 Strategy Testing
26th
November,1949
2
3
26th January, 1950
1

14. Lengthiest constitution in the
world-395a, 22p,8s/448-25-12
Sovereignty resides in the people
Parliamentary form of
Government.
Unique blend of rigidity and
flexibility.
Fundamental Rights.
Dpsp
Adult suffrage.
Independence of Judiciary
Judicial Review.
Fundamental duties
Sovereign.
Democracy.

15. • Republic.
• Secular.
• Single citizenship.
• Uniformity in Basic Administration.

17. Fundamental Rights

18. Right to Equality
Article Brief description
Article
14
The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India, on grounds of religion,
race, caste, sex or place of birth
Article
15
The State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.
Article
16
There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
Article
17
Abolition of untouchability
Article
18
Abolition of all titles except military and academic

19. Right to freedom
Article Brief description
Article 19 Protection of 6 rights concerning the freedom of:
1.Speech and expression
2.Assembly
3.Association
4.Movement
5.Residence
6.Profession
Article 20 Protection with respect to conviction for offences
Article 21 Right to life and personal liberty
Article 21A Right to elementary education
Article 22 Protection against arrest and detention in certain cases

20. Right against Exploitation
• article 23 – Prohibition of traffic
in human beings and forced
labor
• Article 24 – Prohibition of
employment of children in
factories, etc
Right to freedom of religion
• Article 25 (Freedom of
conscience and free profession,
practice, and propagation of
religion)
• Article 26 (Freedom to manage
religious affairs)
• Article 27 (Freedom as to
payment of taxes for promotion
of any particular religion)

21. Cultural and Educational Rights
Article 29 – Protection of Interests of Minorities
This article is intended to protect the interests of minority groups.
• Article 29(1): This provides any section of the citizens residing in India having a distinct culture, language, or
script, the right to conserve their culture, language and script.
• Article 29(2): The State shall not deny admission into educational institutes maintained by it or those that
receive aid from it to any person based only on race, religion, caste, language, or any of them.
Article 30 – Right of Minorities to Establish and Administer Educational Institutions
This right is given to minorities to form and govern their own educational institutions. Article 30 is also called
the “Charter of Education Rights”.
• Article 30(1): All religious and linguistic minorities have the right to establish and administer educational
institutions of their choice.
• Article 30(2): The State shall not, when granting aid to educational institutions, discriminate against any
educational institution on the ground that it is under the management of a minority, whether based on
religion or language.

22. Right to constitutional remedies
writ
• A writ petition is essentially a
court petition for extraordinary
review, asking a court to
intervene in a lower court’s
decision. Under the Indian legal
system, jurisdiction to issue
‘prerogative writs’ is given to
the Supreme Court and the
High Courts of Judicature of all
Indian states. Parts of the law
relating to writs are outlined in
the Constitution of India.
empowers
• The Constitution empowers the
Supreme Court and High Courts
to issue orders or writs.
types
• Habeas Corpus
• Certiorari
• Prohibition
• Mandamus
• Quo Warranto

24. THANK YOU