Fundamental Rights, Directive Principles and Fundamental Duties of India

A good, comprehensive, well-referenced article, which has been FACed once previously (archive), through peer review thrice (1 - 2 - 3). All objections since these reviews have been satisfied. The main concerns of poor style of writing have been corrected solely due to the efforts of users Rama's Arrow and Sundar. See changes done since previous FAC: [1]

--May the Force be with you! Shreshth91($ |-| ŗ 3 $ |-| ţ |-|) 04:21, 9 September 2006 (UTC)[reply]


A few more queries, just from the lead:

This issue is covered in the "Criticism" section. Yes there is a debate going on about these very issues. Basically the people of India may remedy the situation at election time. Rama's arrow 14:31, 9 September 2006 (UTC)[reply]

Tony 10:48, 9 September 2006 (UTC)[reply]

Replies to Tony:
  • I've added a note to the notes section explaining the use of "state", "State" ad "govt."
  • explained above
  • there is a whole separates section on "Genesis" explaining promulgation; redundant to add more.
  • to be done
  • to be done
I'll be very busy in the near future, so I would request Rama's Arrow to look into further comment. --May the Force be with you! Shreshth91($ |-| ŗ 3 $ |-| ţ |-|) 13:17, 9 September 2006 (UTC)[reply]
Reply to Tony: There is no redundancy - you are obviously unaware of this article's development. Don't take Shreshth's exaggeration literally - he has developed this article for over a year now. I only helped in the last legs. And not to be uncivil or rude, but I don't expect others to tell me to what degree I should support or object on issues. I will work on your other suggestions as per Shreshth's reply above. Rama's arrow 14:06, 9 September 2006 (UTC)[reply]
I will comment on your "Strong support" if I find it inappropriate, coming as it does immediately after your nomination text; this is a review process, not a vote. The guidelines now insist that supporters who have been significant contributors to an article should state this. Here, if you declare strong support for your own work in what is essentially a review process, you should probably remind us that you were a contributor, again. Tony 15:45, 9 September 2006 (UTC)[reply]
To repeat, this is not my own work. Yes I have helped in copyediting to a large degree, but this is not proportional to the massive amount of work Shreshth has done himself. I am also not a co-nominator. "Support" and "Object" is a common way to express your views here. I happen to feel Strong Support for this article. Case closed. Rama's arrow 16:06, 9 September 2006 (UTC)[reply]
I welcome you - it is rare to find one who just registered few days before and coming to this page with less than fifty edits to the Project: you are certainly well informed, and it is really nice that you are taking interest in various matters pertaining to wikipedia. I am looking forward to some interesting value addition to wikipedia as decided: Wales to upgrade quality of Wiki. --Bhadani 12:14, 9 September 2006 (UTC)[reply]
  • The article is incomplete. It covers history, political implications, amendments etc. very well, but where is the role of the courts and of the jurisprudence? Just 2 judicial decision are mentioned in the begining of section 2! Afterwards we have nothing else mentioned. I cannot believe that in a country, whose judicial system is based on the case-law, the courts and the jurisprudence do not deserve mentioning in all the other sections. Haven't the courts influenced the interpretation of all these articles? Aren't there any milestone decisions concerning freedom of press, freedom of religion or right to equality? In section "Critisism and analysis" again nothing about the courts? In the article these important parameters are almost inexistant. Hence, as a jurist I regard the level of analysis as inadequate.
  • Of the 77 citations 51 are cross-references to constitutional and other provisions. Only 26 inline-citations (and 10 references) constitute an effort to interpretate, analyse and elaborate on the legal texts through other sources and writers. All the other citations just link us to the text of the Constitution itself or to other legal provisions without further alalysis. I have serious doubts about the FA level of such a research.
  • Less important: Some links in the "See also" section are not necessary there. They could easily be incorporated within the prose of the main article.--Yannismarou 07:47, 10 September 2006 (UTC)[reply]

Reply to Yannismarou

  1. Firstly, I don't think you should generalize based on what happened with the U.S. Supreme Court. Only Indian court decisions relevant to illustrating the FR are stated. Secondly, both Directive Principles and Fundamental Duties are non-justiciable, which leaves only fundamental rights. Of these, only court cases relevant to fundamental rights are given - we are not here to illustrate how the Indian courts have worked on constitutional implementation. If I may add some historical perspective, the Indian constitution was written 150 years after the U.S. constitution, thus incorporating many of the judicial decisions made on the principles of the U.S. constitution. Post-WWII there have not been as many constitutional landmark decisions.
  2. I think your perspective is wrong - in your first point, you admitted that implications, amendments are well-covered. What analysis is given, is properly cited. This is an article about a constitution, so the provisions are stated (Wikisource) and analyzed (with extra citations). All aspects of this article are well analyzed, for which there are enough citations.
  3. On citations, you should remember that these are not compulsory for any FA. Since most data has been adequately cited, I don't see a basis for lack of citations.
  4. The "Criticism" section deals with the broad debates, questions and challenges. It is not inadequate just becoz there has been limited number of legislation or court decisions affecting the FR. Rama's arrow 15:05, 10 September 2006 (UTC)[reply]
  5. To the Point this article is about FR/DP/FD. We run the significant risk of deviating too much into analyzing India's socio-economic problems. Thus we've limited giving examples and analysis solely to explain the constitutional provisions in question. Rama's arrow 15:13, 10 September 2006 (UTC)[reply]
OK. Tony 03:56, 11 September 2006 (UTC)[reply]
Reply to Rama's arrow:My concerns are still actionable, but I turned my "reluctant objection" to "weak objection", in order to clarify my position. Rama's arrow recognizes that "this article deals well with the formulation of the doctrines between 1947-50, and their interpretation and implementation through the decades till today". So, where are the courts through all these decades? Don't they deserve a more thorough mentioning? And I donot think that the length argument stands. FA articles now are up to 100 Kb. We will not sacrifice analysis in favor of the size. Thorough covering of the material is our importance. "We are not here to illustrate how the Indian courts have worked on constitutional implementation". I agree. But, when the the courts influence the "implementation through the decades till today",we have to talk. And I repeat: I cannot believe that in a case-law country the role of the courts was so limited. And, even if the jurisprudence of India is influenced by the American jurisprudence, this does not mean that it does not exist. Especially, in terms of implementation of the constitutional articles, the role of the courts is fundamental all around the world. I think the article is very very good, but in this particular aspect it is weak. This is my only concern. In any case, my intention is not to fight the article. Whatever I believe, if the large majority supports it, the article will prevail.--Yannismarou 16:26, 11 September 2006 (UTC)[reply]
Second Reply to Yannismarou - ok, first off I completely respect your argument that any important court cases and decisions should be well-covered in this article. I respect your motives, and I believe that you're not being unreasonable. The FA director is obligated to study the issues raised in an FAC and not just go by the tally of "opinions." For the rest of the duration of this FAC, I will search for fresh examples of court cases affecting this article. I will add any data I can find to assuage your concerns. But to reiterate - for the purpose of illustrating the Fundamental Rights, Directive Principles and Fundamental Duties, Shreshth has already provided example court cases. I brought up the U.S. judiciary only to illustrate a difference in perspective - the U.S. has seen tones of cases on constitutional issues. India has seen less, and even less when it comes specifically to FR/DP/FD. Nevertheless, I'll do my best to make sure that we aren't missing any relevant examples. Thanks, Rama's arrow 16:38, 11 September 2006 (UTC)[reply]


Update I apologize for my ignorance regarding this question. Please see these recent edits in which I've added details of some major court cases to different sections of the article. I will continue to search for more examples Rama's arrow 17:24, 11 September 2006 (UTC)[reply]
Further comment. Recognizing Rama's arrow effort I've turned my "objection" into "neutral". I'll wait the additional efforts of Rama's arrow and of the other editors, in order to decide whether I'll support or not the article. In any case, the first samples of this effort are positive.--Yannismarou 17:40, 11 September 2006 (UTC)[reply]
True points. I apologize to all for the irrelevant debate about contributions. Rama's arrow 01:18, 11 September 2006 (UTC)[reply]
Update I apologize for my ignorance regarding this question. Please see these recent edits in which I've added details of some major court cases to different sections of the article. I will continue to search for more examples Rama's arrow 17:24, 11 September 2006 (UTC)[reply]
Thanks for your point, Sundar. I just want to say that this is not a vote, but a forum for establishing consensus. Tony 12:52, 11 September 2006 (UTC)[reply]
Yes, though most of us know this, it would be better if it's internalised into the process itself. Perhaps a form-based interface would help? -- Sundar \talk \contribs 13:06, 11 September 2006 (UTC)[reply]

The six fundamental rights are:[1]

  1. Right to equality
  2. Right to freedom
  3. Right against exploitation
  4. Right to freedom of religion
  5. Cultural and educational rights
  6. Right to constitutional remedies

Or better still, do what most FAC reviewers would like: a running prose list, with the items just separated by commas. Tony 15:16, 28 September 2006 (UTC)[reply]

No, Shreshth has addressed about 5% of my concerns, which involve the whole text, not just the examples I provided. Tony 01:05, 30 September 2006 (UTC)[reply]
Doesn't that beg the question of where in-depth content rightfully should lie? If we are going to have seprate articles on these, then those are the right places for more engaged and detailed discussion. This article instead should seek to provide a synthetic overview that offers basic points and lets readers drill down for further information. Eusebeus 23:12, 28 September 2006 (UTC)[reply]
  1. ^ Constitution of India-Part III Fundamental Rights.