Contents

1 COMPONENTS OF ETHICS 3
1.1 INTRODUCTION TO ENGINEERING ETHICS . . . . . . . 3
1.1.1 Micro and Macro Issues . . . . . . . . . . . . . . . . . 5
1.1.2 What is Engineering Ethics? . . . . . . . . . . . . . . . 7
1.1.3 Why we study Engineering Ethics? . . . . . . . . . . . 9
1.2 Components of Ethics . . . . . . . . . . . . . . . . . . . . . . 11
1.2.1 Components of ethics for students . . . . . . . . . . . . 12
1.3 Honesty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1.3.1 Truthfullness . . . . . . . . . . . . . . . . . . . . . . . 14
1.3.2 Trustworthiness . . . . . . . . . . . . . . . . . . . . . . 16
1.4 Integrity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
1.4.1 Academic integrity . . . . . . . . . . . . . . . . . . . . 17
1.4.2 Research integrity . . . . . . . . . . . . . . . . . . . . . 19
1.5 Transparency . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
1.6 Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
1.7 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . 22
1.8 Objectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
1.9 Respect, Obedience to the law . . . . . . . . . . . . . . . . . . 25
1.10 Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
1.11 Moral issues of ethics . . . . . . . . . . . . . . . . . . . . . . . 27
1.12 Ethical theories . . . . . . . . . . . . . . . . . . . . . . . . . . 31
1.13 Code of ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
1.13.1 Preamble . . . . . . . . . . . . . . . . . . . . . . . . . 31
1.13.2 The Tenets of the code of ethics . . . . . . . . . . . . . 32

2 Indian Constitution 33
2.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
2.2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 34

1
2.3 Making of the constitution . . . . . . . . . . . . . . . . . . . . 34
2.4 Milestones in the development of constitution . . . . . . . . . 35
2.4.1 Mile stones in the Development of Constitution . . . . 35
2.4.2 British Paramountcy End of company rule: . . . . . . 36
2.4.3 Congress in Extremist phase: . . . . . . . . . . . . . . 36
2.4.4 Advent of Gandhiji: . . . . . . . . . . . . . . . . . . . . 36
2.4.5 Govt. of India Act 1935 Back bone of our Present
Constitution: . . . . . . . . . . . . . . . . . . . . . . . 36
2.4.6 Demand for a constituent assembly : . . . . . . . . . . 36
2.4.7 Cripps Mission Acceptance of demand: . . . . . . . . 37
2.4.8 Cabinet Mission 1946 formation of Constituent assem-
bly: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
2.4.9 Joint Constitution assembly for India & Pakistan: . . 37
2.4.10 Mountbatten plan Indian independence Act 1947: . . 37
2.4.11 Constituent assembly of India: . . . . . . . . . . . . . 37
2.4.12 Drafting of Constitution: . . . . . . . . . . . . . . . . 38
2.5 Salient features of constitution of India . . . . . . . . . . . . . 38
2.5.1 Longest written constitution . . . . . . . . . . . . . . 38
2.5.2 Partly Rigid and Partly Flexible . . . . . . . . . . . . 39
2.5.3 A Democratic Republic . . . . . . . . . . . . . . . . . 39
2.5.4 Parliamentary System of Government . . . . . . . . . 40
2.5.5 A Federation . . . . . . . . . . . . . . . . . . . . . . . 40
2.5.6 Fundamental Rights . . . . . . . . . . . . . . . . . . . 41
2.5.7 Directive Principles of State Policy . . . . . . . . . . . 41
2.5.8 Fundamental Duties . . . . . . . . . . . . . . . . . . . 42
2.5.9 Secular State . . . . . . . . . . . . . . . . . . . . . . . 42
2.5.10 An Independent Judiciary . . . . . . . . . . . . . . . . 43
2.5.11 Single Citizenship . . . . . . . . . . . . . . . . . . . . 43

2
 PROFESSIONAL ETHICS AND INDIAN CONSTITUTION

1 COMPONENTS OF ETHICS

1.1 INTRODUCTION TO ENGINEERING ETHICS

Engineers create products and processes to improve food produc- tion,
shelter, energy, communication, transportation, health, and protection against
natural calamities - and to enhance the convenience and beauty of our ev-
eryday lives. They make pos- sible spectacular human triumphs once only
dreamed of in myth and science fiction. Almost a century and a half ago in
From the Earth to the Moon, Jules Verne imagined American space travel-
ers being launched from Florida, circling the moon, and return- ing to splash
down in the Pacific Ocean. In December 1968, three astronauts aboard an
Apollo spacecraft did exactly that. Seven months later, on July 20, 1969,
Neil Armstrong took the first human steps on the moon. This extraordinary
event was shared with millions of earthbound people watching the live broad-
cast on television. Engineering had transformed our sense of connection with
the cosmos and even fostered dreams of rou- tine space travel for ordinary
citizens.
Most technology, however, has double implications: As it creates ben-
efits, it raises new moral challenges. Just as exploration of the moon and
planets stand as engineering triumphs, so the explosions of the space shut-
tles, Challenger in 1986 and Columbia in 2003, were tragedies that could
have been prevented had urgent warnings voiced by experienced engineers
been heeded. We will examine these and other cases of human error, for in
considering ethics and engineering alike we can learn from seeing how things
go wrong. In doing so, however, we should avoid allowing technological risks
to overshadow technological benefits. Ethics involves appreciating the vast

3
positive dimensions of engineering that so deeply enrich our lives. To cite
only a few examples, each of us benefits from the top 20 engineering achieve-
ments of the twen- tieth century, as identified by the National Academy of
Engineering: electrification, automobiles, airplanes, water supply and dis-
tribution, electronics, radio and television, agricultural mechanization, com-
puters, telephones, air-conditioning and refrigeration, highways, spacecrafts,
Internet, imaging technolo- gies in medicine and elsewhere, household appli-
ances, health technologies, petrochemical technologies, laser and fiber optics,
nuclear technologies, and high-performance materials. This chapter identifies
some of the moral complexity in engineering, defines engineering ethics, and
states the goals in studying it. It also underscores the importance of accept-
ing and sharing moral responsibility within the corporate setting in which
today most engineering takes place, and also the need for a basic congruence
between the goals of responsible profession- als, professions, and corpora-
tions. Moral values are embedded in engineering projects as standards of
excellence, not tacked on as external burdens. This is true of even the sim-
plest engineering projects, as illustrated by the following assignment given
to students in a freshman engineering course: Design a chicken coop that
would increase egg and chicken production, using materials that were read-
ily available and maintainable by local workers [at a Mayan cooperative in
Guatemala]. The end users were to be the women of a weaving cooperative
who wanted to increase the protein in their childrens diet in ways that are
consistent with their traditional diet, while not appreciably distracting from
their weaving.
The task proved more complex than first appeared. Students had to iden-
tify feasible building materials, decide between cages or one large fenced area,
and design structures for strength and endurance. They had to create safe
access for the villagers, including ample head and shoulder room at entrances
and a safe floor for bare feet. They had to ensure humane conditions for the

4
chickens, including adequate space and ventilation, comfort during climate
changes, convenient delivery of food and water, and protection from local
predators that could dig under fences. They also had to improve cleaning
procedures to minimize damage to the environment while recycling chicken
droppings as fertilizers. The primary goal, however, was to double current
chicken and egg production. A number of design concepts were explored
before a variation of a fenced-in concept proved preferable to a set of cages.
Additional modifications needed to be made as students worked with villagers
to implement the design in ways that best served their needs and interests.
In combining myriad design goals and constraints, engineer- ing projects in-
tegrate multiple moral values connected with those goals and constraints-for
example, safety, efficiency, respect for persons, and respect for the environ-
ment. As elsewhere, moral values are myriad, and they can give rise to
ethical dilemmas: situations in which moral reasons come into conflict, or in
which the applications of moral values are problematic, and it is not immedi-
ately obvious what should be done. The moral reasons might be obligations,
rights, goods, ideals, or other moral considerations. For example, at what
point does the aim of increasing chicken and egg production compromise hu-
mane conditions for the animals? Technical skill and morally good judgment
need to go together in solving ethical dilemmas, and, in general, in making
moral choices. So do competence and conscientiousness, creativity and good
character. These combinations were identified by the ancient Greeks, whose
word arete translates into English as excellence or as virtue. In engineer-
ing, as in other profes- sions, excellence and ethics go together-for the most
part and in the long run.

1.1.1 Micro and Macro Issues

Today, engineers are increasingly asked to understand excel- lence and

ethics in terms of broader societal and environmental concerns. They need

5
to be prepared to grapple with both micro and macro issues. Micro is-
sues concern the decisions made by individuals and companies in pursuing
their projects. Macro issues concern more global issues, such as the di-
rections in technological development, the laws that should or should not
be passed, and the collective responsibilities of groups such as engineering
professional societies and consumer groups. Both micro and macro issues
are important in engineering ethics, and often they are interwoven. 3 As
an illustration, consider debates about sport utility vehicles (SUVs). Micro
issues arose concerning the Ford Explorer and also Bridgestone/Firestone,
who provided tires for the Explorer. During the late 1990s, reports began
to multiply about the tread on Explorer tires separating from the rest of the
tire, leading to blowouts and rollovers. By 2002, estimates were that 300
people had died, and another 1,000 people were injured, and more recent
estimates place the numbers much higher. Ford and Bridgestone/ Firestone
blamed each other for the problem, leading to the breakup of a century-old
business partnership. As it turned out, the hazard had multiple sources.
Bridgestone/Firestone used a flawed tire design and poor quality control at
a major manufacturing facility. Ford chose tires with a poor safety margin,
relied on drivers to maintain proper inflation within a very narrow range, and
then dragged its feet in admitting the problem and recalling dangerous tires.
In contrast, macro issues center on charges that SUVs are among the most
harmful vehicles on the road, especially given their numbers. The problems
are many: gas-guzzling, excessive polluting, instability because their height
leads to rollovers, greater kill rate of other drivers during accidents, reduc-
ing the vision of drivers in shorter cars behind them on freeways, and blinding
other drivers vision because of high-set lights. Keith Bradsher estimates that
SUVs are causing approximately 3,000 deaths in excess of what cars would
have caused: Roughly 1,000 extra deaths occur each year in SUVs that roll
over, compared with the expected rollover death rate if these motorists had

6
been driving cars. About 1,000 more people die each year in cars hit by
SUVs than would occur if the cars had been hit by other cars. And up to
1,000 additional people succumb each year to respiratory problems because
of the extra smog caused by SUVs. 4 Bradsher believes these numbers will
continue to increase as more SUVs are added to the road each year and as
older vehicles are resold to younger and more dangerous drivers. Should the
SUV issue be examined within engineering as a whole, or at least by rep-
resentative professional and technical societies? If so, what should be done?
Or, in a democratic and capitalistic society, should engineers play a role only
as individuals but not as organized groups? Should engineers remain unin-
volved, leaving the issue entirely to consumer groups and lawmakers? We
leave these questions as discussion questions at the end of the section. Even
larger macro issues surround public transportation issues in relation to all
automobiles and SUVs as we look to the future with a dramatically increasing
population, a shrinking of traditional resources, and concerns about global
warming.

1.1.2 What is Engineering Ethics?

In light of this overview of moral complexity in engineering, we can now

define engineering ethics and state the goals in studying it. The word ethics
has several meanings, and hence so does engi- neering ethics. In one sense,
ethics is synonymous with morality. It refers to moral values that are sound
or reasonable, actions or policies that are morally required (right), morally
permissible (all right), or otherwise morally desirable (good). Accordingly,
engineering ethics consists of the responsibilities and rights that ought to be
endorsed by those engaged in engineering, and also of desirable ideals and
personal commitments in engineering.
In a second sense, the one used in the title of this book, ethics is the
activity (and field) of studying morality; it is an inquiry into ethics in the

7
first sense. It studies which actions, goals, principles, policies, and laws
are morally justified. Using this sense, engineering ethics is the study of
the decisions, policies, and values that are morally desirable in engineering
practice and research.
These two senses are normative: They refer to justified val- ues, desirable
(not merely desired) choices, and sound policies. Normative senses differ from
descriptive senses of ethics. In one descriptive sense, we speak of Henry Fords
ethics, or the ethics of American engineers, referring thereby to what specific
indi- viduals or groups believe and how they act, without implying that
their beliefs and actions are justified. In another descrip- tive sense, social
scientists study ethics when they describe and explain what people believe
and how they act; they conduct opinion polls, observe behavior, examine
documents written by professional societies, and uncover the social forces
shaping engi- neering ethics. In its normative senses, engineering ethics
refers to justified moral values in engineering, but what are moral values?
What is morality? Dictionaries tell us that morality is about right and wrong,
good and bad, values and what ought to be done. But such definitions are
incomplete, for these words also have nonmoral meanings. Thus, to start
a car a person ought to put the key in the ignition; that is the right thing
to do. Again, chocolate tastes good, and beauty is an aesthetic value. In
contrast, morality con- cerns moral right and wrong, moral good and bad,
moral values, and what morally ought to be done. Saying this is not especially
illuminating, however, for it is a circular definition that uses the word we are
trying to define. As it turns out, morality is not easy to define in any compre-
hensive way. Of course, we can all give examples of moral val- ues, such as
honesty, courage, compassion, and justice. Yet, the moment we try to provide
a comprehensive definition of morality we are drawn into at least rudimentary
ethical theory. For exam- ple, if we say that morality consists in promoting
the most good, we are invoking an ethical theory called utilitarianism. If we

8
say that morality is about human rights, we invoke rights ethics. And if we
say that morality is essentially about good character, we might be invoking
virtue ethics. These and other ethical theories are discussed in Chapter 3.

1.1.3 Why we study Engineering Ethics?

Engineering ethics should be studied because it is important, both in

contributing to safe and useful technological products and in giving meaning
to engineers endeavors. It is also complex, in ways that call for serious
reflection throughout a career, begin- ning with earning a degree. But beyond
these general observa- tions, what specific aims should guide the study of
engineering ethics? In our view, the direct aim is to increase our ability to
deal effectively with moral complexity in engineering. Accordingly, the study
of engineering ethics strengthens our ability to reason clearly and carefully
about moral questions. To invoke terms widely used in ethics, the unifying
goal is to increase moral autonomy. Autonomy means self-determining, but
not just any kind of independent reflection about ethics amounts to moral
autonomy. Moral autonomy can be viewed as the skill and habit of thinking
rationally about ethical issues on the basis of moral concern and commitment.
This foundation of general responsiveness to moral values derives primarily
from the training we receive as children in being sensitive to the needs and
rights of others, as well as of ourselves. When such training is absent, as it
often is with seri- ously abused children, the tragic result can be an adult
sociopath who lacks any sense of moral right and wrong. Sociopaths (or
psychopaths) are not morally autonomous, regardless of how independent
their intellectual reasoning about ethics might be.
Improving the ability to reflect carefully on moral issues can be ac-
complished by improving various practical skills that will help produce au-
tonomous thought about moral issues. As related to engineering ethics, these
skills include the following.

9
 Moral awareness: Proficiency in recognizing moral problems and issues
in engineering

Cogent moral reasoning: Comprehending, clarifying, and assessing ar-

guments on opposing sides of moral issues

Moral coherence: Forming consistent and comprehensive view- points

based on consideration of relevant facts

Moral imagination: Discerning alternative responses to moral issues

and finding creative solutions for practical difficulties

Moral communication: Precision in the use of a common ethical lan-

guage, a skill needed to express and support ones moral views ade-
quately to others These are the direct goals in college courses. They
center on cognitive skills - skills of the intellect in thinking clearly and
cogently. It is possible, however, to have these skills and yet not act in
morally responsible ways. Should we therefore add to our list of goals
the following goals that specify aspects of moral commitment and re-
sponsible conduct?

Moral reasonableness: The willingness and ability to be morally rea-

sonable

Respect for persons: Genuine concern for the well-being of others as

well as oneself

Tolerance of diversity: Within a broad range, respect for ethnic and

religious differences and acceptance of reasonable differences in moral
perspectives

Moral hope: Enriched appreciation of the possibilities of using rational

dialogue in resolving moral conflicts

10
 Integrity: Maintaining moral integrity and integrating ones pro- fes-
sional life and personal convictions

In our view we should add these goals to the study of engineering ethics,
for without them there would be little practical point in studying ethics. At
the same time, the goals are often best pursued implicitly and indirectly,
more in how material is studied and taught than in preaching and testing.
A foundation of moral concern must be presupposed, as well as evoked and
expanded, in studying ethics at the college level.

1.2 Components of Ethics

To observe the propriety of behaviour and politeness

To secrecy and privacy of students

To Not provide material benefits in against giving score to students

To endure and tolerance to students

To confided and respect to students

To dress and adorn well

To avoid inappropriate humour

Teachers do not use college facilities for private affairs

To assess and score students in justice

To behave normally in the classroom

To abstain close/ personal relationships with students

To motivation for teach

11
 The spirit of cooperation and partnership with students

Teachers respect to educational rules of the institute

To perform their duties equably

Teachers humble and pride avoidance

Teachers do not use students for own affairs

To avoid of humiliation of students

To consider in their edification and anagoges as well as their students

Telling the truth about what he/ she does not know by the teacher

To avoid students censurable

Dont discrimination against students

To considering the legal request of students in minimum time

To account for proper teaching students

1.2.1 Components of ethics for students

To observe the propriety of behaviour and politeness

To secrecy and privacy of students

To not provide material benefits in against giving score to students

To endure and tolerance to students

To confided and respect to students

To dress and adorn well

12
 To avoid inappropriate humour

Teachers do not use college facilities for private affairs

To assess and score students in justice

To behave normally in the classroom

To abstain close/ personal relationships with students

To motivation for teach

The spirit of cooperation and partnership with students

Teachers respect to educational rules of the institute

To perform their duties equably

Teachers humble and pride avoidance

Teachers do not use students for own affairs

To avoid of humiliation of students

To consider in their edification and anagoges as well as their students

Telling the truth about what he/ she does not know by the teacher

To avoid students censurable

Dont discrimination against students

To considering the legal request of students in minimum time

To account for proper teaching students

13
1.3 Honesty
1.3.1 Truthfullness

The standard of truthfulness in engineering is very high, much higher

than in everyday life. It imposes what many consider an absolute prohibi-
tion on deception, and in addition it establishes a high ideal of seeking and
speaking the truth. It also generates an array of issues concerning truthful-
ness in research and academia. In everyday life, the exact requirements of
truthfulness are often blurry and contested. Most of us are deeply offended
when others deceive (intentionally mislead) us, especially when they lie (in-
tentionally state what they know is false). At the same time, we know of
situations that require something less than complete candor, for example to
protect our privacy from the intrusive questions of a stranger. Sissela Bok,
however, contends that our society has gone too far in creating a climate
of dishonesty. She acknowledges the need for occasional lies, for example,
to protect innocent lives, and for instances of withholding truths to protect
privacy rights. Yet she urges us all to embrace what she calls the princi-
ple of veracity: There is a strong presumption against lying and deception,
although the presumption can occasionally be overridden by other pressing
moral reasons in particular contexts. Even Boks principle of veracity is too
weak to capture the standard of honesty in engineering. Because so much
is at stake in terms of human safety, health, and well-being, engineers are
required and expected to seek and to speak the truth conscientiously and to
avoid all acts of deception. To be sure, confiden- tiality requirements limit
what can be divulged, but there is a stronger presumption against lying than
even Boks principle of veracity. Two of the six Fundamental Canons in the
National Society of Professional Engineers (NSPE) Code of Ethics concern
honesty. Canon 3 requires engineers to Issue public statements only in an ob-
jective and truthful manner, and Canon 5 requires them to Avoid deceptive

14
acts. We will refer to these requirements, taken together, as the truthful-
ness responsibility: Engineers must be objective and truthful and must not
engage in deception. All other engineering codes set forth a statement of
this responsibility. The truthfulness responsibility enters often into the cases
discussed by the NSPE in its Opinions of the Board of Ethical Review. Here
are three examples that the board viewed as violat- ing the NSPE Code of
Ethics.

An engineer who is an expert in hydrology and a key associ- ate with

a medium-size engineering consulting firm gives the firm her two-week
notice, intending to change jobs. The senior engineer-manager at the
consulting firm continues to distribute the firms brochure, which lists
her as an employee of the firm. (Case 904)

A city advertises a position for a city engineer/public works director,

seeking to fill the position before the incumbent direc- tor retires to
facilitate a smooth transition. The top candidate is selected after an
extensive screening process, and on March 10 the engineer agrees to
start April 10. By March 15 the engi- neer begins to express doubts
about being able to start on April 10, and after negotiations the dead-
line is extended to April 24, based on the firm commitment by the
engineer to start on that date. On April 23 the engineer says he has
decided not to take the position. (Case 892)

An engineer working in an environmental engineering firm directs a field

technician to sample the contents of storage drums on the premises of a
client. The technician reports back that the drums most likely contain
hazardous waste, and hence require removal according to state and
federal regulations. Hoping to advance future business relationships
with the client, the engineer merely tells the client the drums contain
questionable material and recommends their removal, thereby giving

15
 the client greater lee- way to dispose of the material inexpensively.
(Case 926)

As these examples suggest, the truthfulness responsibility applies widely and

rules out all types of deception. Certainly it forbids lying, that is, stating
what one knows to be false with the intention of misleading others. It also
forbids intentional distor- tion and exaggeration, withholding relevant in-
formation (except for confidential information), claiming undeserved credit,
and other misrepresentations designed to deceive. And it includes culpable
failures to be objective, such as negligence in failing to investigate relevant
information and allowing ones judgment to be corrupted.

1.3.2 Trustworthiness

Exactly why is truthfulness so important, especially within engineering

but also in general? One answer centers on respect for autonomy. To deceive
other persons is to undermine their autonomy, their ability to guide their
own conduct. Deceit is a form of manipulation that undermines their ability
to carry out their legitimate pursuits, based on available truths relevant
to those pursuits. In particular situations, this can cause additional harm.
Deceivers use other people as mere means to their own purposes, rather
than respecting them as rational beings with desires and needs. This amounts
to a kind of assault on a persons autonomy.
Most moral theories defend truthfulness along these lines. Duty ethics,
for example, provides a straightforward foundation for truthfulness as a
form of respect for a persons autonomy. Rights ethics translates that idea
into respect for a persons rights to exercise autonomy (or liberty). Rule-
utilitarianism emphasizes the good consequences that flow from a rule re-
quiring truthful- ness. Virtue ethics affirms truthfulness as a fundamental
virtue, and it underscores how honesty contributes to desirable forms of char-

16
acter for engineers, the internal good of the social practice of engineering,
and the wider community in which that practice is embedded.

1.4 Integrity
1.4.1 Academic integrity

Honesty as an engineer begins with honesty in studying to become an

engineer. Studies of colleges and universities reveal alarming statistics about
academic integrity. According to one study, among schools lacking a strong
honor code, three out of four students admitted to having engaged in aca-
demic dishonesty at least once during their college career. Among the schools
with an honor code, one in two students made the same admission. Academic
dishonesty among students takes several forms.
Cheating: intentionally violating the rules of fair play in any academic
exercise, for example, by using crib notes or copying from another student
during a test.
Fabrication: intentionally falsifying or inventing information, for example,
by faking the results of an experiment.
Plagiarism: intentionally or negligently submitting others work as ones
own, for example, by quoting the words of others without using quotation
marks and citing the source.
Facilitating academic dishonesty: intentionally helping other students to
engage in academic dishonesty, for example, by loan- ing them your work.
Misrepresentation: intentionally giving false information to an instructor,
for example, by lying about why one missed a test.
Failure to contribute to a collaborative project: failing to do ones fair
share on a joint project.
Sabotage: intentionally preventing others from doing their work, for ex-
ample, by disrupting their lab experiment.

17
 Theft: stealing, for example, stealing library books or other students
property.
Why do students engage in academic dishonesty? Studies reveal a variety
of motivations, including performance worries, such as fear of low grades
and desires for higher grades; responses to external pressures, such as heavy
workload, parental pressure, or losing financial aid; the belief that professors
are unfair, whether in demanding too much or in how they design tests and
grades; the desire to help a friend; the belief that because other students are
cheating it is all right for me to do the same; and the belief that plagiarism is
not a big deal, and that it is a victimless crime in which no one really gets
hurt. We should also ask why students do not cheat, that is, why they meet
standards of aca- demic integrity. Here, too, there are many motives: the
conviction that dishonesty is wrong and unfair; the conviction that cheating
undermines the meaning of achievement; self-respect; respect for the teacher;
and fear of getting caught. Explanation is one thing, justification is another.
Is there any justification for cheating, or are proffered justifications simply
rationalizationthat is, biased and distorted reasoning? As authors, and
like most educators, we take a firm stand. Aca- demic dishonesty is a serious
offense. It violates fair procedures. It harms other students who do not cheat
by creating an unde- served advantage in earning grades. It is untruthful
and deceives instructors and other members of an academic community. It
violates trustthe trust of professors, other students, and the public who
expect universities to maintain integrity. It under- mines ones own integrity.
And it renders dishonest and hollow any achievement or recognition based on
the cheating. Given the seriousness of academic dishonesty, and aware that
we are all vulnerable to temptation, what can be done to foster academic
integrity? Researchers make several recommenda- tions. Universities, as
organizations, need to create and maintain a culture of honesty. Honor codes,
which set forth firm standards and require students and faculty to report

18
that cheating is going on, make a dramatic difference, even though they are
not enough. Especially important, universities must support professors and
students who follow university policies in reporting cheating, refusing to bow
to the current market mentality in higher education that is more concerned
about losing a paying customer than about ensuring academic integrity.

1.4.2 Research integrity

Truthfulness takes on heightened importance in research because research

aims at discovering, expressing, and promulgating truth. Research in engi-
neering takes place in many settings, including universities, government labs,
and corporations. The exact moral requirements vary somewhat, according
to the applicable guide- lines and regulations, but the truthfulness respon-
sibility applies in all settings. Moreover, research ethics has many facets,
several of which we discuss:
Defining research integrity and misconduct, conducting and reporting ex-
periments, protecting research sub- jects, giving and claiming credit, and
reporting misconduct. Integrity in research is about promoting excellence
(high qual- ity) in pursuing truth, and this positive emphasis on excellence
should be kept paramount in thinking about honesty in research. An empha-
sis on quality and excellence in research broadens research ethics to include
much more than avoiding fraud. Research should be guided by what Richard
Feynman calls a kind of utter honestya kind of leaning over backwards. For
example, if youre doing an experiment, you should report every- thing that
you think might make it invalidnot only what you think is right about
it: other causes that could possibly explain your results; and things you
thought of that youve eliminated by some other experiment, and how they
workedto make sure the other fellow can tell they have been eliminated.
Positive ideals and requirements of research ethics should be borne in mind as
we attend to the concerns about research misconduct that rivet public atten-

19
tion. Indeed, even misconduct in research is given both wider and narrower
definitions, developed in specific contexts and for different purposes. For ex-
ample, if the purpose is to assure high-quality research, in all its dimensions,
a wider definition might be adopted. Wide definitions typically emphasize
honesty in conducting and reporting experiments, while also including theft,
other misuses of research funds, and sexual harassment among researchers.

1.5 Transparency
Generally, transparency implies openness, communication and account-
ability. It is a metaphorical extension of the meaning a tra nsparent object
is one that can be seen through. With regard to the public services, it means
that holders of public office should be as open as possible about all the deci-
sions and actions they take. They should give reasons for their decisions and
restrict info rmation only when the wider public interest demands it (Chap-
man, 2000). Radical transpar ency in management demands that all decision
making should be carried out publicly . All draft documents, all arguments
for and against a proposal, the decision about the decision making process
itself, and all final decisions, are made publicly and remain publicly archived.
Article 12 of the Charter for the Public Service in Africa demands that:

Administrative decisions shall always be taken in accordance with

transparent, simple and understandable procedures, while ensuring ac-
countability.

All administrative units shall make availabl e all the necessary infor-
mation on acts and procedures in their respective domains, as well as
the informa tion required to assess their management, with a vi ew to
enabling those interested to have full access.

The administration shall inform the person concerned of any decisi

20
 on taken concerning him/her, should he/she deci de to challenge the
decision

The administration shall establish or strengthen reception and infor-

mation units for users in order to assist the in gaining access to services
and recording their views, suggestions or complaints.

Transparency therefore promotes accountabil ity and provides informa-

tion for citizens about what their government and its agents are doing.

1.6 Accountability
Although accountability is wide ly believed to be a good thing, the con-
cept is highly abstract and it is often used in a very general way (Hulme and
Sanderatne, 2008). A typical definition is that accountability concerns the
processes by which those who exercise power whether as governments, as
elected representatives or as appointed officials, must be able to show that
they have exercised their powers and discharged their duties properly
Fox Meyer (1995) defines accountability as the responsibility of govern-
ment and its agents towards the public to achieve previous ly set objectives
and to account for them in public It is also regarded as a commitment
required from public officials individually and collectively to accept public
responsibility for their own ac tion and inaction. In this case, the burden of
accountability rests on each public functi onary to act in the public interest
and according to his/her conscience , with solutions for every matter based
on professionalism and participation.
Accountability in the public sector is broader than in the private sector
(Ole Ingstrup and Crookall, 1998). In the private sector, every one in the
company is accountable to its board. The public sector is also accountable
to a board of sorts: the minister, cabinet and legislature. But the public sec-
tor has additional accountability to its employees and to its customers, the

21
citizens who us e the services as well as to its non customers, the citizens
who dont use the service. It is a different kind of accountability, more subtle
and indirect. Therefore, in general accountab ility for performance and the
obligation that public functionaries (e lected and appointed officials) have
to give a satisfactory explanation over the exercise of power, authority and
reso urces entrusted in them on behalf of the public (tax payer). Subsumed
with this definition is a myriad of legal, oral and ethical obligations that co
me with the occupancy of any public office (Sarji, 1995). In short, it is the
obligation to carry out assigned activities in a respons ible and responsive
manner, and being held answerable for success or failure. As such when we
talk about accountability in the public service, we can not but consider the
question of bureaucratic responsibility. In ternal accountability means th at
at each level in the hierarchical organization, public officials are accountable
to those who supervise and control their work. On the other hand, exte
rnal accountability means answerability for action carried out and perfor-
mance achieved to other relevant and concerned authorities outside his/her
department or organization. Accountab ility is therefore an ethical virtue,
since ethics concern principles and rules that govern the moral value of peo-
ples behaviour. Improving ethics is crucial to enhancing accountability and
vice-versa.

1.7 Confidentiality
Confidentiality is an important consideration in many professions. In the
engineering profession, confidentially is particularly a concern with relation to
the relationship of an employed engineer with his or her employer, especially
a former employer. During the course of their employment, engineers often
acquire intimate knowledge of many aspects of their employers processes and
accumulated knowledge.

22
 The Professional Engineers Ontario Code of Ethics (codified in the Pro-
fessional Engineers Act (Ontario)) even stipulates that the engineer has a
duty of care to their employer and must treat information obtained during
their employment as confidential. This is a considerably stronger standard
that is found in the code of ethics of many other professions, allowing what
in most other professions would be a contractual issue to instead be subject
to disciplinary actions by the governing bodies of the profession.
Case law in Canada and Britain includes some decisions and commentary
that attempt to determine how strictly the confidentiality requirements af-
fecting engineers should be taken. For example, the decision of the Supreme
Court of Canada Lac Minerals [1989], referring to English decision of Cran-
leigh Precision Engineering Ltd. V Bryant et al. [1964], establishes that
an employee cannot use confidential information as a springboard to dam-
age the employer who is the legal owner of the information and puts the
onus on the former employee wishing to use the information to prove that it
was not acquired by breaching confidentiality. Some similar cases involving
purported breaches of fiduciary duty on the part of engineers have followed
similar logic, a few resulting in large settlements, though others use different
reasoning resulting in a decision determining that there was no breach.
While confidentiality is a vital aspect in professions such as engineering,
there are times when it ultimately must be breached. The Ontario Profes-
sional Engineers Act requires that engineers safeguard life, health, property,
economic interests, public welfare and the environment. At times, a profes-
sional who is bound by a guarantee of confidentiality may be forced to breach
that confidentially to expose unethical practices or intentions.
For engineers, these situations are never easy, as they require the profes-
sional to breach one article or another found in the Professional Engineers
Act. Determining whether or not it is absolutely necessary to breach con-
fidentiality requires the application of Mills concept of utilitarianism. The

23
most ethical decision would be that which produces the greatest benefit for
the largest number of people. Maintaining confidentiality will benefit both
the engineer and their client; however, if that confidentiality may compro-
mise public safety or have a severe negative impact on the environment, it
would be most ethical to breach the confidentiality and do the right thing.
It is in a professionals best interest to avoid incidents where they may
not be able to maintain confidentiality. There are two critical situations that
professionals should avoid: agreements that threaten public safety and the
environment, as well as working for former clients competitors who may
expect disclosure of the former clients affairs. Circumventing these types of
issues is not only the ethical thing to do; it will also help to avoid disciplinary
actions brought on by either maintaining or breaching confidentiality.

1.8 Objectivity
The public, clients and employers expect that an opinion given by a pro-
fessional engineer will be as objective as they are able to make it. This means
that it will not be biased or improperly influenced.
In practice, it can be difficult to establish whether a given opinion is
truly objective or not. For example, say you are asked for your opinion on
whether your employer should invest in a particular type of software, from a
manufacturer whom you personally dislike. This may be fine if your dislike
is based on previous bad experiences of using their software.
However, if it is based on, say, the fact that a family member used to
work for the software manufacturer and felt that he or she was badly treated
by them, you should clearly not allow this to influence your opinion.
As a general rule, if you are happy to give an honest account of all the
factors that influence your opinion, then that opinion is probably objective.
You may have an ethical duty not to put yourself in certain situations

24
which may threaten your objectivity. For example, one reason engineers and
other professionals are not allowed to take bribes and inducements is because
this is likely to damage their ability to be objective.
This interactive case study looks at objectivity in the context of providing
engineering consultancy services for two different automotive manufacturers.

1.9 Respect, Obedience to the law

The engineer recognizes that the greatest merit is the work and exercises
his profession committed to serving society, attending to the welfare and
progress of the majority. By transforming nature for the benefit of mankind,
the engineer must increase his awareness of the world as the abode of man,
his interest in the universe as a guarantee of overcoming his spirit, and knowl-
edge of reality to make the world fairer and happier. The engineer should
reject any paper that is intended to harm the general interest, thus avoiding
a situation that might be hazardous or threatening to the environment, life,
health, or other rights of human beings. It is an inescapable duty of the
engineer to uphold the prestige of the profession, to ensure its proper dis-
charge, and to maintain a professional demeanor rooted in ability, honesty,
fortitude, temperance, magnanimity, modesty, honesty, and justice; with the
consciousness of individual well-being subordinate to the social good. The
engineer and his employer must ensure the continuous improvement of his
knowledge, particularly of his profession, disseminate his knowledge, share
his experience, provide opportunities for education and training of workers,
provide recognition, moral and material support to the school where he stud-
ied, thus returning the benefits and opportunities he and his employer have
received. It is the responsibility of the engineer to carry out his work effi-
ciently and to support the law. In particular, he must ensure compliance
with the standards of worker protection as provided by the law. As a pro-

25
fessional, the engineer is expected to commit himself to high standards of
conduct (NSPE).
There are several other ethical issues that engineers may face. Some
have to do with technical practice, but many others have to do with broader
considerations of business conduct. These include:

Relationships with clients, consultants, competitors, and contractors

Ensuring legal compliance by clients, clients contractors, and others

Conflict of interest

Bribery and kickbacks, which also may include:

Gifts, meals, services, and entertainment

Treatment of confidential or proprietary information

Consideration of the employers assets

Outside employment/activities (Moonlighting)

Some engineering societies are addressing environmental protection as a stand-

alone question of ethics.
The field of business ethics often overlaps and informs ethical decision
making for engineers.

1.10 Ethics
Engineering ethics is the field of applied ethics and system of moral prin-
ciples that apply to the practice of engineering. The field examines and sets
the obligations by engineers to society, to their clients, and to the profession.

26
1.11 Moral issues of ethics
Ethical (or moral) dilemmas are situations in which moral rea- sons come
into conflict, or in which the applications of moral values are unclear, and
it is not immediately obvious what should be done. Ethical dilemmas arise
in engineering, as else- where, because moral values are many and varied
and can make competing claims. Yet, although moral dilemmas comprise
the most difficult occasions for moral reasoning, they constitute a relatively
small percentage of moral choices, that is, decisions involving moral values.
The vast majority of moral choices are clear-cut, although we sometimes
fail to act responsibly because of negligence and weakness of will. We begin
by illustrating how choices involving moral values enter into routine decisions
during technological development, punctuated by periodic moral dilemmas.
Next we discuss some aspects (or steps) in resolving ethical dilemmas, draw-
ing on the resources of applicable codes of ethics. Later we discuss additional
roles of professional codes of ethics and comment on some possible limitations
in relying solely on codes for moral guidance.
Reasonable solutions to ethical dilemmas are clear, informed, and well-
reasoned. Clear refers to moral clarityclarity about which moral values are
at stake and how they pertain to the situ- ation. It also refers to conceptual
clarityprecision in using the key concepts (ideas) applicable in the situa-
tion. Informed means knowing and appreciating the implications of morally-
relevant facts. In addition, it means being aware of alternative courses of
action and what they entail. Well-reasoned means that good judgment is
exercised in integrating the relevant moral values and facts to arrive at a
morally desirable solution. These characteristics of reasonable solutions also
enter as steps in resolving ethical dilemmas. By steps we do not mean
single-file movements, but instead activities that are carried out jointly and
in repeating patterns. Thus, a preliminary survey of the applicable moral
values and relevant facts might be followed by conceptual clarification and

27
additional fact gathering, which in turn evince a more nuanced understanding
of the applicable values and the implications of the relevant facts. In dis-
cussing the example, we will illustrate the importance of professional codes
of ethics in identifying and highlighting applicable moral reasons. A chemical
engineer working in the environmental division of a computer manufacturing
firm learns that her company might be discharging unlawful amounts of lead
and arsenic into the city sewer. The city processes the sludge into a fertilizer
used by local farmers. To ensure the safety of both the discharge and the fer-
tilizer, the city imposes restrictive laws on the discharge of lead and arsenic.
Preliminary investigations convince the engineer that the company should
implement stronger pollution controls, but her supervisor tells her the cost
of doing so is prohibitive and that technically the company is in compliance
with the law. She is also scheduled to appear before town officials to testify
in the matter. What should she do?

Moral clarity: Identify the relevant moral values. The most basic step
in confronting ethical dilemmas is to become aware of them! This
means identifying the moral values and reasons applicable in the sit-
uation, and bearing them in mind as further investigations are made.
These values and reasons might be obligations, rights, goods, ideals
(which might be desirable but not mandatory), or other moral con-
siderations. Exactly how we articulate the relevant values reflects our
moral outlook. Hence, the moral frameworks discussed in Chapter 3
are relevant even in stating what the ethical dilemma is. Another re-
source is talking with colleagues, who can help sharpen our thinking
about what is at stake in the situation. But the most useful resource
in identifying ethical dilemmas in engi- neering are professional codes
of ethics, as interpreted in light of ones ongoing professional experi-
ence. Like most codes of ethics, the code of ethics of the American
Institute of Chemical Engineers (AIChE) indicates the engineer has at

28
 least three responsibilities in the situation. One responsibil- ity is to be
honest: Issue statements or present information only in an objective
and truthful manner. A second responsibility is to the employer: Act
in professional matters for each employer or client as faithful agents
or trustees, avoiding conflicts of interest and never breaching confiden-
tiality. A third responsibility is to the public, and also to protect the
environment: Hold paramount the safety, health, and welfare of the
public and protect the environment in performance of their professional
duties. In the case at hand, the members of the public most directly
affected are the local farmers, but the dangerous chemicals could affect
more persons as lead and arsenic are drawn into the food chain. Ad-
ditional moral considerations, not cited in the code, include duties to
maintain personal and professional integrity, and rights to pursue ones
career. 2.

Conceptual clarity: Be clear about key concepts. Professional- ism re-

quires being a faithful agent of ones employer, but does that mean
doing what ones supervisor directs or doing what is good for the cor-
poration in the long run? These might be different things, in particular
when ones supervisor is adopt- ing a short-term view that could harm
the long-term interests of the corporation. Again, what does it mean
to hold para- mount the safety, health, and welfare of the public in
the case at hand? Does it pertain to all threats to public health, or just
serious threats, and what is a serious threat? Again, does being ob-
jective and truthful simply mean never lying (intention- ally stating
a falsehood), or does it mean revealing all pertinent facts (withhold-
ing nothing important) and doing so in a way that gives no preference
to the interests of ones employer over the needs of the public to be
informed of hazards? 3. Informed about the facts: Obtain relevant in-
formation. This means gathering information that is pertinent in light

29
 of the applicable moral values (as identified in step 1). Sometimes the
primary difficulty in resolving moral dilemmas is uncertainty about the
facts, rather than conflicting values per se. Certainly in the case at
hand, the chemical engineer needs to check and recheck her findings,
perhaps asking colleagues for their perspectives. Her corporation seems
to be violating the law, but is it actually doing so? We, like the en-
gineer, need to know more about the pos- sible harm caused by the
minute quantities of lead and arsenic over time. How serious is it, and
how likely to cause harm? 4. Informed about the options: Consider all
(realistic) options. Ini- tially, ethical dilemmas seem to force us into
a two-way choice: Do this or do that. Either bow to a supervisors
orders or blow the whistle to the town authorities. A closer look often
reveals additional options. (Sometimes writing down the main options
and suboptions as a matrix or decision tree ensures that all options
are considered.) The chemical engineer might be able to suggest a new
course of research that will improve the removal of lead and arsenic.
Or she might discover that the citys laws are needlessly restrictive
and should be revised. Perhaps she can think of a way to convince
her supervisor to be more open-minded about the situation, especially
given the possible damage to the corporations image if it should later
be found in violation of the law. Unless an emergency develops, these
and other steps should be attempted before informing authori- ties out-
side the corporationa desperate last resort, especially given the likely
penalties for whistle-blowing.

Well-reasoned: Make a reasonable decision. Arrive at a carefully rea-

soned judgment by weighing all the relevant moral reasons and facts.
This is not a mechanical process that a computer or algorithm might do
for us. Instead, it is a deliberation aimed at integrating all the relevant
reasons, facts, and valuesin a morally reasonable manner. If there is

30
 no ideal solution, as is often the case, we seek a satisfactory one, what
Herbert Simon dubbed satisficing.

1.12 Ethical theories

Ethical theories provide part of the decision-making foundation for De-
cision Making When Ethics Are In Play because these theories represent
the viewpoints from which individuals seek guidance as they make decisions.
Each theory emphasizes different points a different decision-making style
or a decision rulesuch as predicting the outcome and following ones duties
to others in order to reach what the individual considers an ethically correct
decision. In order to understand ethical decision making, it is important for
students to realize that not everyone makes decisions in the same way, using
the same information, employing the same decision rules. In order to further
understand ethical theory, there must be some understand- ing of a common
set of goals that decision makers seek to achieve in order to be successful.
Four of these goals include beneficence, least harm, respect for autonomy,
and justice.

1.13 Code of ethics

1.13.1 Preamble

The Corporate Members of The Institution of Engineers (India) are

committed to promote and practice the profession of engineering for
the common good of the community bearing in mind the following
concerns

Concern for ethical standard;

Concern for social justice, social order and human rights;

31
 Concern for protection of the environment;

Concern for sustainable development;

Public safety and tranquility.

1.13.2 The Tenets of the code of ethics

A Corporate Member shall utilise his knowledge and expertise for the
welfare, health and safety of the community without any discrimination
for sectional or private interests.

A Corporate Member shall maintain the honour, integrity and dignity

in all his professional actions to be worthy of the trust of the community
and the profession.

A Corporate Member shall act only in the domains of his competence

and with diligence, care, sincerity and honesty.

A Corporate Member shall apply his knowledge and expertise in the

interest of his employer or the clients for whom he shall work without
compromising with other obligations to these Tenets.

A Corporate Member shall not falsify or misrepresent his own or his

associates qualifications, experience, etc.

A Corporate Member, wherever necessary and relevant, shall take all

reasonable steps to inform himself, his employer or clients, of the en-
vironmental, economic, social and other possible consequences, which
may arise out of his actions.

A Corporate Member shall maintain utmost honesty and fairness in

making statements or giving witness and shall do so on the basis of
adequate knowledge.

32
 A Corporate Member shall not directly or indirectly injure the profes-
sional reputation of another member.

A Corporate Member shall reject any kind of offer that may involve
unfair practice or may cause avoidable damage to the ecosystem.

A Corporate Member shall be concerned about and shall act in the

best of his abilities for maintenance of sustainability of the process of
development.

A Corporate Member shall not act in any manner which may injure
the reputation of the Institution.

2 Indian Constitution

2.1 Introduction
The constitution was passed by the Constituent Assembly on 26 Nov 1949
and is fully applicable since 26 Jan 1950. Thanks to the help of Prof. K.B.
Agrawal, the ICL-Edition of the Constitution now incorporates all amend-
ments until and including the 78th amendment (1995) [30 Aug 1995]; there
are no newer amendments until Dec 1996. Amendments after Dec 1996 have
not yet been included. India is a federal democratic republic of 25 states and
seven Union Territories.
Each state is administered by a Governor appointed by the President
while each Union Territory is administered by the President through a Min-
ister. The bicameral parliament is composed of the Council of States, Rajya
Sabha, and the House of the People, Lok Sabha. The Council of States will
consist of 250 members out of which the President of India will nominate
12 persons having special knowledge or practical experience in respect of lit-
erature, art, science and social service. The remaining 238 seats are to be

33
filled in by the persons to be elected by the legislative assemblies of their
respective states in staggered re-elections of one-third every second year.
The House of People is composed of 550 members, i.e., 530 members from
the States and 20 members from the Union Territories. The states of Bihar,
Jammu and Kashmir, Karnataka, Maharshtra, and Uttar Pradesh have bi-
cameral legislatures while the other 20 states have unicameral legislatures.
Upper houses (Legislative Councils) are re-elected to one-third of their mem-
bers every two years. Legislative Assemblies are chosen by direct election.
There are some extraordinary features of the Indian system of govern-
ment. For example, the Constitution encourages the states to introduce the
prohibition. The states of Andhra Pradesh, Manipur, and Haryana have
already banned the production, possession, and consumption of alcohol.

2.2 Commencement
The provisions relating to Citizenship, elections, provisional Parliament,
temporary and transitional positions were given immediate effect on The 26
th Nov.1949. While the rest of the Constitution came into force on the 26
th Jan. 1950. And this date is referred to in the Constitution as The Date
of its Commencement.

2.3 Making of the constitution

The Constituent Assembly which had been elected for undivided India
and held its first sitting on 9 th Dec.1946, re-assembled on the 14 th August
1947, as The Sovereign Constituent Assembly for the dominion of India. In
regard to its composition the members were elected by indirect election by
the members of The Provisional Legislative Assemblies (lower house only).
According to the schemes recommended by the Cabinet the essentials of the
Schemes were as follows: -

34
 1. Each Province and each Indian State or group of States were allotted
the total no. of eats proportional to their respective population roughly in
the ratio of 1:1000000. As a result The Provinces were to elect 292 members
while the Indian States were allotted a minimum of 93 seats.
2. The seats in each Province were distributed among the three main
communities, Muslims, Sikh and general, in proportion to their respective
populations.
3. Members of each community in the Provisional Legislative Assembly
elected their own representatives by the method of proportional representa-
tions with single transferable vote.
4. The method of selection in the case of representatives of Indian States
was to be determined by consultation.
Unfortunately as a result of a partition under the plan of June3, 1947.The
territories, which fell under Pakistan and those members who were part of
The Constituent Assembly, ceased to be members of the Constituent Assem-
bly, which re-assembled on the 31 st Oct.1947. The members of the house
was reduced to 299 of these 284 was actually present on the 26 th Nov. 1949
and appended their signature to the Constitution as finally passed.
Historical retrospect Events Prior to the Framing of the Constitutions
Battle of Plassey 1757. Battle of Buxar 1764. After these two battles the
East India Co Became the rulers.

2.4 Milestones in the development of constitution

2.4.1 Mile stones in the Development of Constitution

The Regulating Act 1773. The Charter Act 1793. The Charter Act 1813.
The charter Act 1833. The charter Act 1853. 2.

35
2.4.2 British Paramountcy End of company rule:

British Paramountcy End of company rule The First war of independence

1857. The Govt. of India Act 1858. The Indian Councils Act 1861. For-
mation of Indian National Congress in 1885. The Indian Councils Act 1892.
The split of Congress and demand for swaraj ( self - Rule)

2.4.3 Congress in Extremist phase:

Congress in Extremist phase The Govt. of India Act 1909. The Govt. of
India Act 1919. Jallian wallah Bagh tragedy 1919. 4.

2.4.4 Advent of Gandhiji:

Advent of Gandhiji Non Co-operation Movement 1920. Simon Commis-

sion 1927. Nehru Report 1928. Civil disobedience 1930.

2.4.5 Govt. of India Act 1935 Back bone of our Present Consti-
tution:

Govt. of India Act 1935 Back bone of our Present Constitution Federa-
tion and provincial autonomy. Dyarchy at the centre. A bicameral Central
legislature created. Distribution of powers between centre and provinces.

2.4.6 Demand for a constituent assembly :

Demand for a constituent assembly The Act of 1935 failed to satisfy

the Indian aspirations. In 1938, Pandit Nehru formulated the demand for
constituent assembly.

36
2.4.7 Cripps Mission Acceptance of demand:

Cripps Mission Acceptance of demand Cripps mission came in 1942 and

recognised the demand that. a constitution to be framed by an elected con-
stituent assembly. India to be given a dominion status. Cripps proposal were
rejected Gandhi ji started Quit India Movement in 1942.

2.4.8 Cabinet Mission 1946 formation of Constituent assembly:

Cabinet Mission 1946 formation of Constituent assembly The cabinet mis-

sion provided for an indirectly elected Constituent assembly. The assembly
consisted of total 389 members. 292 to be elected from provinces. 93 to be
nominated from princely states. 4 to be nominated from chief comm. Areas.

2.4.9 Joint Constitution assembly for India & Pakistan:

Joint Constitution assembly for India & Pakistan. The first meeting of
the consembly was held on Dec. 9, 1946. But it was boycotted by Muslim
league. Muslim league demanded a separate assembly for Pakistan.

2.4.10 Mountbatten plan Indian independence Act 1947:

Mountbatten plan Indian independence Act 1947. On 26 th July 1947

Governor General Lord Mountbatten announced the setting up of a separate
constituent Assembly for Pakistan.

2.4.11 Constituent assembly of India:

Constituent assembly of India On 14 th August 1947 the Sovereign con-

sembly for India reassembled. Dr Rajinder Prasad was elected its President.
Seven member drafting committee formed. Dr. B.R. Amdedkar acted as
chairman of drafting committee.

37
2.4.12 Drafting of Constitution:

It took 2 years, 11 months, and 18 days in framing the Constitution. The

Constitution was enacted and adopted on 26 th November 1949. Some of the
provisions relating to citizenship, elections, provisional parliament etc came
into force on the same day. Remaining provisions came into force on 26 th
January 1950.
The Constitution of India has some distinct and unique features as com-
pared to other constitutions to the world. As Dr. B.R. Ambedkar, the
Chairman of the Drafting Committee puts it, the framers had tried to accu-
mulate and accommodate the best features of other constitutions, keeping in
view the peculiar problems and needs of our country.

2.5 Salient features of constitution of India

The following are the salient features of the Constitution of India.

2.5.1 Longest written constitution

Indian Constitution can be called the largest written constitution in the

world because of its contents. In its original form, it consisted of 395 Articles
and 8 Schedules to which additions have been made through subsequent
amendments. At present it contains 395 Articles and 12 Schedules, and more
than 80 amendments. There are various factors responsible for the long size of
the constitution. One major factors was that the framers of the constitution
borrowed provisions form several sources and several other constitutions of
the world. They have followed and reproduced the Government of India
Act 1935 in providing matters of administrative detail. Secondly, it was
necessary to make provisions for peculiar problems of India like scheduled
castes, Scheduled Tribes and backward regions. Thirdly, provisions were
made for elaborate centre-state relations in all aspects of their administrative

38
and other activities. Fourthly, the size of the constitution became bulky, as
provisions regarding the state administration were also included. Further,
a detail list of individual rights, directive principles of state policy and the
details of administration procedure were laid down to make the Constitution
clear and unambiguous for the ordinary citizen. Thus, the Constitution of
India became an exhaustive and lengthy one.

2.5.2 Partly Rigid and Partly Flexible

The Constitution of India is neither purely rigid nor purely flexible. There
is a harmonious blend of rigidity and flexibility. Some parts of the Consti-
tution can be amended by the ordinary law- making process by Parliament.
Certain provisions can be amended, only when a Bill for that purpose is
passed in each house of Parliament by a majority of the total membership of
that house and. by a majority of not less than two-third of the members of
that house present and voting. Then there are certain other provisions which
can be amended by the second method described above and are ratified by
the legislatures of not less than one-half of the states before being presented
to the President for his assent. It must also be noted that the power to
initiate bills for amendment lies in Parliament alone, and not in the state
legislatures.

2.5.3 A Democratic Republic

India is a democratic republic. It means that sovereignty rests with the

people of India. They govern themselves through their representatives elected
on the basis of universal adult franchise. The President of India, the highest
official of the state is elected for a fixed term. Although, India is a sovereign
republic, yet it continues to be a member of the Commonwealth of Nations
with the British Monarch as its head. Her membership of the Commonwealth

39
does not compromise her position as a sovereign republic. The commonwealth
is an association of free and independent nations. The British Monarch is
only a symbolic head of that association.

2.5.4 Parliamentary System of Government

India has adopted the Parliamentary system as found in Britain. In this

system, the executive is responsible to the legislature, and remains in power
only as long and it enjoys the confidence of the legislature. The president of
India, who remains in office for five years is the nominal, titular or constitu-
tional head. The Union Council of Ministers with the Prime Minister as its
head is drawn from the legislature. It is collectively responsible to the House
of People (Lok Sabha), and has to resign as soon as it loses the confidence of
that house. The President, the nominal executive shall exercise his powers
according to the advice of the Union Council of Ministers, the real executive.
In the states also, the government is Parliamentary in nature.

2.5.5 A Federation

Article 1 of the Constitution of India says: - "India, that is Bharat shall

be a Union of States." Though the word Federation is not used, the govern-
ment is federal. A state is federal when (a) there are two sets of governments
and there is distribution of powers between the two, (b) there is a written
constitution, which is the supreme law of the land and (c) there is an inde-
pendent judiciary to interpret the constitution and settle disputes between
the centre and the states. All these features are present in India. There are
two sets of government, one at the centre, the other at state level and the
distribution of powers between them is quite detailed in our Constitution.
The Constitution of India is written and the supreme law of the land. At the
apex of single integrated judicial system, stands the Supreme Court which is

40
independent from the control of the executive and the legislature.

2.5.6 Fundamental Rights

"A state is known by the rights it maintains", remarked Prof. H.J. Laski.
The constitution of India affirms the basic principle that every individual is
entitled to enjoy certain basic rights and part III of the Constitution deals
with those rights which are known as fundamental rights. Originally there
were seven categories of rights, but now they are six in number. They are
(i) Right to equality, (ii) Right to freedom, (iii) Right against exploitation,
(iv) Right to freedom of Religion, v) Cultural and Educational rights and vi)
Right to constitutional remedies. Right to property (Article-31) originally a
fundamental right has been omitted by the 44th Amendment Act. 1978. It
is now a legal right.

2.5.7 Directive Principles of State Policy

A novel feature of the Constitution is that it contains a chapter in the

Directive Principles of State Policy. These principles are in the nature of
directives to the government to implement them for establishing social and
economic democracy in the country. It embodies important principles like
adequate means to livelihood, equal pay for both men and women, distri-
bution of wealth so as to subserve the common good, free and compulsory
primary education, right to work, public assistance in case of old age, unem-
ployment, sickness and disablement, the organisation of village Panchayats,
special care to the economically back ward sections of the people etc. Most of
these principles could help in making India welfare state. Though not justi-
ciable. These principles have been stated a; "fundamental in the governance
of the country".

41
2.5.8 Fundamental Duties

A new part IV (A) after the Directive Principles of State Policy was incor-
porated in the constitution by the 42nd Amendment, 1976 for fundaments
duties. These duties are: i) To abide by the Constitution and respect its
ideals and institutions, the National Flag and the National Anthem; ii) To
cherish and follow the noble ideals, which inspired our national struggle for
freedom; iii) To uphold and protect the sovereignty, unity and integrity of In-
dia; iv) To defend the country and render national service when called upon
to do so; v) to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic, regional
or sectional diversities, to renounce practices derogatory to the dignity of
woman; vi) to value and preserve the rich heritage of our composite culture;
vii) to protect and improve the natural environments including forests, lakes,
rivers and wild life and to have compassion for living creatures; viii) to de-
velop scientific temper, humanism and the spirit of inquiry and reform; ix)
to safeguard public property and to abjure violence; x) to strive towards ex-
cellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of Endeavour and achievement. The purpose
of incorporating these duties in the Constitution is just to remind the people
that while enjoying their right as citizens, should also perform their duties
for rights and duties are correlative.

2.5.9 Secular State

A secular state is neither religious nor irreligious, or anti-religious. Rather

it is quite neutral in matters of religion. India being a land of many religions,
the founding fathers of the Constitution thought it proper to make it a secular
state. India is a secular state, because it makes no discrimination between
individuals on the basis of religion. Neither it encourages nor discourages

42
any religion. On the contrary, right to freedom of religion is ensured in the
Constitution and people belonging to any religious group have the right to
profess, practice or propagate any religion they like.

2.5.10 An Independent Judiciary

The judiciary occupies an important place in our Constitution and it is

also made independent of the legislature and the executive. The Supreme
Court of India stands at the apex of single integrated judicial system. It acts
as protector of fundamental rights of Indian citizens and guardian of the Con-
stitution. If any law passed by the legislature or action taken by the executive
contravenes the provisions of the Constitution, they can be declared as null
and void by the Supreme Court. Thus, it has the power of judicial review.
But judicial review in India constitutes a middle path between the American
judicial supremacy in one hand and British Parliamentary supremacy in the
other.

2.5.11 Single Citizenship

The Constitution of India recognises only single citizenship. In the United

States, there is provision of dual citizenship. In India, we are citizens of India
only, not of the respective states to which we belong. This provision would
help in promoting unity and integrity of the nation.

43